2015 (10) TMI 2586

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....R. PER: S.K. MOHANTY Brief facts of the case are that the appellant is engaged in manufacture of Polypropylene Multi Filament Yarn, falling under Chapter 54 of the First Schedule to the Central Excise Tariff Act, 1985. During the disputed period, the appellant had purchased the goods from M/s. Reliance Industries Ltd., Jamnagar, Gujarat, which is a 100% export oriented Undertaking (EOU). The exc....

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....on removal of goods to DTA Unit. In the present case, the EOU M/s. Reliance Industries Ltd. had availed the benefit of Notification dated 31.02.2003. With regard to applicability of Rule 3 (7) (a) of the Cenvat Credit Rules, 2004, the submissions of the ld. Advocate are that if the goods fall under Sl.No.1 of the Notification dated 31.02.2003, then the formula prescribed under the said Rules shall....

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....es, 2004. 4. I have heard the ld. Counsel for both sides and perused the records. 5. Notification No.23/2003-CE dated 31.02.2003 permits the EOU Units for payment of Central Excise Duty equivalent to the special additional duty leviable under Section 3 (5) of the Customs Tariff Act, 1975. The payment of duty under the prescribed rate is subject to fulfilment of condition that the goods supplied ....

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....hat condition No.2 itemized in the Notification dated 31.02.2003 is subject to observance of the procedures laid down in Clause (a), (d), (e) and (g) of paragraph 6.8 in the Foreign Trade Policy- 2004-09. However, in the present case, since the supplier M/s. Reliance Industries Ltd. has opted for payment of duty under the conditions itemized in clause (h) in the FTP (supra), the case squarely fall....