2008 (1) TMI 152

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....peal against the order of the Commissioner (Appeals) No. YPP/69/SRT/2003 dt. 24-4-2003. 2. Heard the learned DR for the Department. None appeared for the party. 3. The relevant facts, in brief, are as follows: (a) M/s. Special Projects Finance (I) Pvt. Ltd. imported duty free raw materials and also procured duty free materials from domestic sources and the materials were bonded in a warehouse a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rdingly proposed demand of duty and penal action. (e) The original authority vide his order dt. 26-2-2001 confirmed excise duty of Rs. 18,56,081/- on the waste and rejects as finished products and Rs. 78,68,362/- on the raw materials and imposed penalty of Rs. 97,24,443/-. He also demanded interest. The order has been passed after holding that the DTA entitlement of 50% of FOB value of exports ca....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mand of duty on the inputs, which have gone into manufacture of waste and rejects, the good have been cleared in violation of Section 72(d) of the Customs Act read with Section 59. On going through the provisions of Section 72, it is noticed that the same relates to the goods improperly removed from the warehouse and such provisions will be attracted only in respect of goods, which have been bonde....