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2014 (9) TMI 25 - AT - Central Excise100% EOU - Concessional rate of excise duty under Notification No. 23/2003-CE dated 31.3.2003 - department sought to deny the concessional rate on the ground that MS Wire Rods has not been specified as a product in the LOP given by the Development Commissioner and, therefore, the appellant is liable to discharge the excise duty at the full tariff rate and not at the concessional rate - Held that:- There is a technical breach of the condition of the LOP by the appellant in this case, which could have been rectified by the appellant by making suitable application before the Development Commissioner which can still be done. We find merit in the appellant's contention that they had not suppressed any information in this regard and, therefore, the extended period of time could not have been invoked in the present case. In this factual scenario, deposit of duty for the normal period of limitation would suffice for hearing of the appeal which the appellant has already done. Accordingly, we grant waiver from pre-deposit of the balance of dues adjudged against the appellant and stay recovery thereof during the pendency of the appeal - Stay granted.
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