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2015 (11) TMI 873 - AT - Central ExciseWaiver of pre deposit - Benefit of Customs Notification NO.21/2002-Cus dated 1.3.2002 read with Central Excise Notification No.23/03-CE dated 31.3.2003 - Held that:- It is admitted fact that duty free raw material was imported by appellant in terms of Customs Notification above. Had the raw material not been imported, the appellant would have been at par with domestic players. Peculiarly appellant availed customs duty exemption at the cost of exchequer. Scrap was inbuilt in the duty free material imported. Ignorance of Customs duty forgone on the scrap aspect would place domestic players in disadvantageous position and shall run counter to the principle laid down in Hyderabad Asbestos Cement Products - [1999 (12) TMI 63 - SUPREME COURT OF INDIA]. Therefore, as a course of equality before law, we direct the appellant to make deposit ₹ 40 lakhs within four weeks from today and make compliance on 26.02.2014 - Decided against assessee.
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