TMI Blog2008 (9) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... ests of the manufacturers in India - As no duty was payable on silk yarn either indigenous or imported, indigenous silk fabrics were not subject to central excise duty during the material period in terms of N/N. 30/04-C.E. - imported silk fabrics imported during the material period need not beat any CVD - appeal allowed - decided in favor of appellant. - C/343/2008 - 1109/2008 - Dated:- 29-9-2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal filed by the department, the Commissioner (A) denied the exemption to the impugned consignments on the ground that the above condition of not availing credit of duty paid on inputs was not satisfied in respect of the imported goods. 2. Heard both sides. 3. We find that no Central Excise duty is payable on raw silk produced in India. Yarn manufactured from such silk is also exempt under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able on a like article if produced or manufactured in India and if such excise duty on a like article is leviable at any percentage of its value, the additional duty to which the imported article shall be so liable shall be calculated at that percentage of the value of the imported article. CVD is therefore payable on imported silk fabrics at the rate central excise duty is leviable for the tim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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