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2015 (11) TMI 1471 - AT - Central Excise100% EOU - duty demand on the stock of finished goods and work in progress on the date of in principle approval for debonding - extended period of limitation - Held that:- no central excise duty was payable on the stock of the finished goods on the date of in principle approval for debonding as a 100% EOU, even after in principle approval for debonding would continue to be treated as 100% EOU till the date of final debonding order. Duty demand on the Catylist, which had been imported free of customs duty and had been used as first charge - Held that:- Commissioner has confirmed this demand by going beyond the allegation made in the show cause notice and moreover, there is no evidence in support of his finding that the imported Catylist had not been used at all for first charge. Clearance of the pyridine residue consisting mainly of mixture of Lutadine Isomers to their DTA Unit - Held that:- even if the Pyridine Residue is treated as residue of chemical industry classifiable under Heading No.38256010, which is restricted for import, its DTA clearances cannot be treated as not in accordance with the restrictions in the Exim Policy, as the restriction on the import of certain items in the Foreign Trade Policy cannot be treated as restrictions on the DTA clearances of the same items manufactured by a 100% EOU. The duty demand is prima facie not sustainable either on merits or not on limitation and as such - Stay granted.
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