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2015 (2) TMI 40 - AT - Central ExciseWaiver of pre deposit - Denial of the benefit of Notification No. 23/2003-CE dated 341/03/2003 - Imposition of equivalent penalty - DTA clearances at concessional rate of excise duty - Demand of differential duty - Held that:- As regards the merit of the case, on a plain reading of the exemption notification, what is permitted to be cleared into DTA at the concessional rate under notification No.23/2003-CE is only 50% of the FOB value of exports made during the year. If the clearances exceed this limit, no doubt, the appellant can clear the goods into DTA but duty liability has to be discharged at the full rate of duty. Therefore, there is merit in the contention of the Revenue that the appellant has exceeded the limit for clearances at concessional rate. However, we observe that the excise authorities were aware of the physical exports made by the appellant and also the clearances effected into the DTA. Therefore, they cannot take the plea that the appellant suppressed or willfully mis-stated any facts. In the absence of suppression or willful mis-statement of facts, the demand would be hit by time bar. In view of the above, we are of the considered view that the appellant has made out a prima facie case for grant of stay. Accordingly, we grant unconditional waiver from pre-deposit of dues adjudged against the appellant and stay recovery thereof during the pendency of the appeal. - Stay granted.
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