2015 (10) TMI 2586

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....spondent : Shri Vaibhav Bhatnagar, D.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% e....

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.... Section 3 of the Customs Tariff Act, 1975 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 fo....

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....nts of Rule 3 (7)(a) of the Cenvat Credit Rules, 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....

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....ed by the EOU unit in its invoices. I also find that 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 clau....