2004 (12) TMI 132

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....ber (T)]. - M/s. J.S. Gupta & Sons have filed the present appeal against the Memorandum No. 1 dated 27-7-04 by which the Commissioner has suspended the facility of duty free procurement of raw materials by them. 2. Shri Piyush Kumar, learned Advocate, submitted that the appellants is a 100% EOU operating under Letter of Permission dated 15-12-2000 granted by the Development Commissioner, NEPZ, ....

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....spension of the facility has been ordered by the Commissioner in exercise of the powers conferred by this circular; that when a 100% EOU misuses the facility provided to it, the Revenue cannot sit helplessly and allow the misuse of the facility; that the appellants are not cooperating with the Department as they are not responding to the summons and are not submitting the documents called for by t....

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....stigation, the facility of duty free procurement of raw material has been arbitrarily suspended with effect from 8-4-04 without affording any opportunity to them; that, subsequently, as per the direction of the Hon'ble High Court of Allahabad, the Commissioner, after hearing them, has passed the impugned order. The learned Advocate, further, submitted that there is no provision of law under which ....

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.... by the learned S.D.R., no provision of law has been cited which empowers the Commissioner of Central Excise to suspend the facility of procuring raw material duty free by a 100% EOU. Both the Customs Act and Central Excise Act contain the provisions for penalising the 100% EOU which misuses the concession or facility provided to them under various investigations. The circular issued by the CBEC c....