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2013 (4) TMI 501 - AT - Central ExciseWaiver of pre-deposit of duty & Interest - Demanding duty equivalent to Customs Tariff - The applicant is a 100% EOU. During the period in dispute applicants cleared to “Bihar Public Tube-Well Project”, against the International Competitive Bidding without, payment of duty treating the same as physical export - Held that:- The projects under International Competitive Bidding (ICB) or similar procedure are to be treated as deemed export. Applicant also relied upon the decision of Hon’ble Supreme Court in the case of Virlon Textile Mills Ltd. v. Commissioner of Central Excise, Mumbai (2007 (4) TMI 6 - SUPREME COURT OF INDIA) In these circumstances, as the goods are to be treated as deemed export which were cleared to the International Competitive Bidding and financed by the International Development Association - Prima facie - we find that the amount already deposited by the applicant is sufficient for hearing of the appeal and pre-deposit of remaining dues are waived for hearing of the appeal - Applicants are directed to keep the Bank Guarantee of Rs. 1 crore alive during the pendency of the appeal - Stay petition is allowed as indicated above.
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