9911796707
TMI Blog1999 (12) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant. Shri B.K. Choubey, JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The application is for waiver of deposit of duty of Rs. 1.02 crore and equivalent penalty under rule 57-I(4). 2. The advocate for the applicant says that the duty demanded is on steel plates, tubes and pipes, and castings, imported by the applicant for use in the manufacture of various m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, he says extended period is not applicable. The notice, or the order of the Commissioner, do not cite any of the factors contained in proviso to Section 11A as a result of which the extended period could be invoked. The department was in a possession of all the facts relating to the importation and the taking of the credit. The bill of entry in question had been submitted according to the rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as they are classifiable under 9801, the restriction contained in Rule 57Q will apply. He contends that Mr. Shelar, Manager of the applicant had admitted that credit was restricted by the sub-rule. 5. The legal issue is not entirely clear at this stage. Heading 98.01 of the Customs Tariff includes not only capital goods but also components and raw material. Goods imported under this heading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en if the entire rule itself is done away with, that credit would still be available under Rule 57A, as long as requirement in that rule and other rules relating to it are satisfied. In other words, as long as the goods were inputs used for manufacture of finished goods and not included in the excluded terms under Rule 57A, credit of the duty payable on them is available. That is the position with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) and the Assistant Commissioner cited by the applicant also support that the applicant's view could be bona fide. In these circumstances we do not consider it appropriate to ask for any further deposit than 50% of the duty which has been already deposited. Accordingly we waive deposit of the remaining amount of duty and penalty and stay its recovery. 8. The prayer for early hearing by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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