TMI Blog2013 (4) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... y. Commissioner (AR), for the Respondent. ORDER There are two appeals and two stay applications - one relating to Central Excise and the other relating to Customs arising from Order-in-Appeal No. PI/VSK/66/2010, dated 19-4-2010 passed by the Commissioner of Central Excise (Appeals), Pune-I. 2. The facts relevant for consideration in this case are as follows: 2.1. The appellant, M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of expiry of the letter of permission which was in March, 2004 and accordingly confirmed duty demand of ₹ 24,23,896/- towards Customs duty and ₹ 54,873/- towards Excise duty along with interest thereon and also imposed penalties equivalent to the duty under Sections 117 and 112 of the Customs Act, 1962 and under Rule 173Q of the Central Excise Rules, 1944 read with Rule 25 of the Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the duty demand as ordered by the learned Commissioner (Appeals). It is his submission that rate of duty that should apply would be the rate prevalent on the date of debonding i.e. 7-6-2006 and not the rate of duty prevalent at the time of importation/indigenous procurement. Both Notification No. 1/95 under which the goods have been procured indigenously as also Notification No. 126/94 under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention. 4. The learned Dy. Commissioner (AR) appearing for the Revenue reiterates the findings of the lower authorities. 5. We have carefully considered the submissions made by both the sides. Since the issue lies in a narrow compass, we are of the view that the appeals themselves can be taken up for disposal at this stage. Therefore, after waiving the requirement of pre-deposit, and wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the amounts of duty from the due date till the date of payment of duty. 5.2 As regards the reduced quantum of penalty, this point has not been agitated before the lower authorities. Therefore, request will have to be considered by the adjudicating authority, who has to recompute the duty demand as discussed above, in accordance with law. 6. With these directions the appeals are disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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