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2016 (3) TMI 260 - AT - Central ExciseClearance of goods without payment of duty on the strength of C.T. 2 certificate issued by the authorities in-charge of cold storage - remission of duty under Chapter X of Central Excise Rules - Held that:- As it is not in dispute that the appellant had cleared the finished goods to various consumers without payment of duty on C.T.2 certificate produced by such consumers. On perusal of the said C.T. 2 certificate, annexed in the appeal memo, I find that the certificate has been issued to the appellant after considering the factual position. I find strong force in the contentions raised by the learned Counsel that the C.T. 2 certificate cannot be equated with the exemption is law settled by the Apex Court in the case of SRF Ltd. (supra). This Tribunal in the case of SRF Ltd. (2003 (11) TMI 5 - CESTAT NEW DELHI ) has held that the clearances made under Chapter X procedure or under bond is not same thing as clearances of goods wholly exempt or goods chargeable to nil rate of duty hence provisions of Rule 57C of Central Excise Rules, 1944 are not applicable holding such view, held in favour of the assessee that he need not to reverse 8% / 10% of the value of the goods cleared by them by following Ch. 10 procedure. - Decided in favour of assessee
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