Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 923 - AT - Central ExciseAssessee Acquired free of Central Excise duty certain capital goods in terms of exemption Notification No. 22/2003-C.E., dated 31-3-2003 - Goods transferred to other EOU - Held that:- Though in terms of notification No. 22/2003-C.E. the capital goods manufactured in India can be received by 100% EOU free of duty; the capital goods are required to be installed within one year and this period can be extended by the jurisdictional Assistant Commissioner on sufficient cause being shown, in this case it is not denied that though the capital goods had been sent to another 100% unit, the same had been received back and were installed in the factory within the stipulated period and thereafter the same were used for intended purpose. Therefore, prima facie we are of the view that impugned order confirming duty demand and imposing penalty does not appear to be correct. Thus the appellant have a prima facie case in their favour. The condition of pre-deposit of duty demand, interest and penalty is, therefore, waived for hearing of the appeal and recovery thereof stayed till the disposal of the appeal - Stay granted.
|