2008 (5) TMI 115

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.... the Appellant. Shri M.M. Mathkar, JDR, for the Respondent. [Order per: B.S.V. Murthy, Member (T)]. - The appellants, a 100% EOU are engaged in the manufacture of bulk drugs falling under Chapter 29 of Central Excise Tariff Act, 1985.They made an application to the jurisdictional Deputy Commissioner seeking permission to clear 10 Kgs. Cefuroxime Sodium Stserile USP to M/s. Cadila Pharmaceuti....

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....peal and it was contended that they were eligible for exemption under Notification No. 2/95 dated 4-1-95 and on that basis, the duty payable works out to only Rs. 2,44,713.75 and as regards the second consignment, the same has been received back after rejection and they had paid duty of Rs. 43,347/- which they were eligible for refund. The appellants claim the benefit of para 9.10 of Exim Policy, ....

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....y of Customs 16% 6,67,200.00 Special Additional Duty of Customs 4% 2,29,488.00   TOTAL  = 20,66,688.00   50% works out to Rs. 10,33,334.00 The total duty paid under the said Invoice No. 7, is Rs. 8,04,960.00. In the premises, the net duty payable, is only Rs. 2,28,384.00, in case of Invoice No. 7, dated 15-4-2002." 3. We find that the observati....

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.... between the above two amounts as against Rs. 2,44,713.75 confirmed by the Commr. (Appeals) and amount of Rs. 43,347/- was to be adjusted. 5. As regards the penalty, admittedly the appellant has written a letter to the Deputy Commissioner on 25-3-02 seeking permission to clear the goods under non-existent Notification but the jurisdictional Deputy Commissioner took two months to give the reply ....