TaxTMI 
TaxTMI 
2019 (7) TMI 824
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.... of POY procured by them from the suppliers duty free on the strength of CT-3 certificate was unaccounted in the factory premises. Consequently, revenue issued notice demanding duty on the material which was found unaccounted in the premises. Ld. Counsel pointed out that the revenue has sought to demand duty on the said goods under the proviso to section 3 treating the said goods as goods manufactured by the appellant. He pointed out that the said goods even by revenue's assertion are raw materials procured by the appellant duty free from others and hence demand of duty at rates applicable to goods manufactured by 100% EOU is not legal and proper. He relied on the decision of Tribunal in the following cases: * CCE vs Suresh Synthetics 200....
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....aised whereas in the instant case, the demand of central excise duty was raised and thus facts are different. Ld. Counsel has also relied on the decision of Tribunal in the case DGP Hinoday Industries Ltd. (supra). In the instant case, the SCN had quantified the illicit clearance on the strength of electricity records whereas the impugned order had re-calculated the quantum of illicit clearance on the basis of raw material consumed, the said procedure was held to be unaccounted. We find that in the instant case, the facts are significantly different, thus decision has no application in the instant case. 5. We find that Ld. Counsel has invoked limitation on the strength of fact that the revenue was aware of the non-accountal of raw material....
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....inding itself to pay on demand and an amount equal to the duty leviable on the goods and interest at the rate of 20% per annum on the said duty from the date of duty free procurement of the said goods till the date of payment of such duty, if (ii) In the case of goods other than capital goods, such goods are not proved to the satisfaction of the Assistant Commissioner of Customs or Central Excise to have been used in connection with the production or packaging of goods for export out of India or cleared for home consumption within a period of one year from the date of procurement thereof or within such extended period as the Assistant Commissioner of Customs or Central Excise may, on being satisfied that there is sufficient cause for not ....