2007 (10) TMI 119

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....ber (T)  [Order per : Jyoti Balasundaram, Vice-President].-Vide impugned order, the Commissioner of Central Excise has confirmed duty demand of Rs.8,91,58,843/- on poly tubes, micro tubes  and HDPE pipes cleared by M/s. Jain Irrigation System Limited during the period from November, 1995 to November, 1997 clandestinely   (without payment of duty) and imposed penalty of equal....

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....e heard both sides. We find that there is no dispute that the products on which duty has been confirmed fall for classification under chapter heading 84.24 of the Schedule to the Central Excise Tariff Act and are eligible to benefit of exemption from payment of duty in terms of Notification No.46/94-CE, dated 1.3.1994 and Notification No.56/95-CE, dated 16.3.1995.  The classification and the ....

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....ty paid by them, and it is the settled position that the payment of duty on the products which are not required to discharge duty liability, amounts to reversal of credit.  Further the issue before the Tribunal is whether the duty confirmed by the Commissioner is required to be upheld or not and the issue of recovery of credit is not the issue in the appeal before us.  In this view of th....