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TMI Blog2009 (8) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the period 20-1-2003 to 31-12-2003. Applicable interest on the above amount has also been demanded. The Commissioner also imposed a penalty of Rs. 50,000/- (Rupees Fifty thousand only) under Rule 25 of the Central Excise Rules, 2002 (CER) on IOC. 2. We have heard both sides. The facts of the case are that Notification No. 29/2002-C.E., dated 13-5-2002 extended concession up to 50% of the specified duty payable on clearances of petroleum products from four refineries specified in the said notification. During the material period, the appellants had cleared from its warehouse consignments of LDO on payment of duty in terms of the Notification No. 29/2002-C.E. as amended by Notification No. 34/2002-C.E., dated 21-6-2002. The LDO involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion by Commissioner of Central Excise (Adjn.), Chennai in Order-in-Original No. 51/2000 dated 31-3-2000 adjudicating the allegation of wilful suppression against IOC to the effect that IOC being a company wholly owned by the Government of India, it had no need to indulge in fraudulent activities, IOC and the department being two arms of the Government. 2.2 During hearing, the learned Counsel for the appellants submitted that the notification extended concessional rate to petroleum products received from north eastern refineries in a warehouse under bond and cleared on payment of duty. The notification did not contain any prohibition to such products received under bond in a second warehouse or a third warehouse and cleared from such wareho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereby declared that the exemption under this notification shall also be available on the said goods if such goods are removed under bond, without payment of the duties of excise specified in column (2) of the said Table, from any of the refineries specified against clauses (a) to (d), to a warehouse and subsequently removed from the said warehouse on payment of fifty percent of such duties. (2) This Explanation shall have effect as if it had always been the part of this notification." [Notification No. 34/2002-C.E., dated 21-6-2002] 4. We find that the notification as amended is to the effect that petroleum products cleared under bond from any of the specified refineries and received under bond in a warehouse can be cleared on payment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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