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2016 (10) TMI 75 - AT - Customs100% EOU - demand of Additional Customs duty of ₹ 2/- per liter imposed by Section 116 of the Finance Act, 1999 - High Speed Diesel Oil - exemption Notification No. 52/2003-Cus dated 31.3.2003 - whether appellant being 100% EOU will be liable to pay ADD as demanded? - Held that: - the decision in the case of PARAS FAB INTERNATIONAL Versus COMMISSIONER OF C. EX., KANDLA [2010 (6) TMI 184 - CESTAT, NEW DELHI] has been relied upon where it was held that the entire premises of 100% EOU is a bonded warehouse. Neither the scheme of the Act nor the provisions contained in the Manual require filing of ex-bond bills of entry or payment of duty before taking the imported goods for manufacturing in bond nor there is any provision to treat such goods as deemed to have been removed for the purpose of Customs Act, 1962. The Notification No. 59/99 dated 11.5.1999 exempts high speed diesel oil, falling under heading No. 27.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1976), when imported into India, from so much of the additional duty leviable thereon under sub-section (1) of section 3 of the said Customs Tariff Act, as is equivalent to the additional duty of excise leviable on high speed diesel oil under section 133 read with Second Schedule of the Finance Act, 1999 (27 of 1999). - the High Speed Diesel is exempted from payment of the additional duty levied under Section 116 of the Finance Act, 1999. Appeal disposed off - decided in favor of appellant.
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