2005 (5) TMI 172

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...., there is an order of confiscation of indigenous goods valued at Rs. 2,92,73,976/-and the same has been given redemption on payment of fine of Rs. 1.46 lakhs. Likewise, duty of Rs. 20,75,451/- has been ordered to be paid on the imported goods, which is valued at Rs. 42,11,140/-. Further duty of Rs. 53,39,567/- on indigenous goods of Rs. 2,92,73,976/- has been confirmed. There is a direction to pay interest @ 20% per annum on the amounts confirmed and penalty of Rs. 74,15,018/- has been imposed. The appellants are a 100% EOU approved by GOI. They set up their farm at Pakala Village of Prakasam District and processing plant at Singarayakonda village of Prakasam District for the manufacture of Prawn (referred to as goods/final products/finish....

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....Bang.) (ii) Meirs Pharma (India) Pvt. Ltd. v. CC, Chennai - 2004 (167) E.L.T. 53 (Tri.-Chennai) (iii) Fal Industries Ltd. v. CC, Chennai - 2003 (159) E.L.T. 215 (CEGAT- Chennai) (iv) Dyna Lamps & Glass Works Ltd. v. CC, Chennai - 2003 (157) E.L.T. 73 (Tri.-Chennai) (v) CCE, Vadodara v. Solitaire Machine Tools P. Ltd. - 2003 (152) E.L.T. 384 (Tri.-Mumbai) They contend further that redemption fine and penalty is not imposable where in a circumstance, a Unit cannot function due to unavoidable circumstances and reasons not accountable to them, as laid down in the citations cited above. 3. The learned Counsel argued on the basis of the above statements to seek the relief claimed. He pointed out to the Su....

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....ns to the rate of duty to be charged on the de-bonding of goods while the present case pertains to depreciation to be granted till the date of claim as held in the judgment cited by him. 6. On a careful consideration of the submission, we notice that the only question required to be considered in this case is as to whether the appellants are entitled to depreciation on the goods imported and not fully used, for the purpose of calculating the duty and as to whether RF and penalty is imposable. This very issue was considered by the President's Bench in the case of CCE v. Solitaire Machine Tools P. Ltd. (supra) wherein, after due consideration, the Bench held that the depreciation has to be granted till the date of payment of duty in te....