TMI Blog2015 (2) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is merit in the contention of the Revenue that the appellant has exceeded the limit for clearances at concessional rate. However, we observe that the excise authorities were aware of the physical exports made by the appellant and also the clearances effected into the DTA. Therefore, they cannot take the plea that the appellant suppressed or willfully mis-stated any facts. In the absence of suppression or willful mis-statement of facts, the demand would be hit by time bar. In view of the above, we are of the considered view that the appellant has made out a prima facie case for grant of stay. Accordingly, we grant unconditional waiver from pre-deposit of dues adjudged against the appellant and stay recovery thereof during the pendency of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scharged full duty and not concessional duty on the excess clearances. Accordingly, a show-cause notice dated 19/01/2012 was issued to the appellant demanding the differential duty which was confirmed by the adjudicating and appellate authorities. Aggrieved of the same, the appellant is before us. 4. The learned Counsel for the appellant submits that under the Foreign Trade Policy, the DTA entitlements can be carried forward for a period of three years and in the present case, they had effected less clearances during the year 2007-2008 than the permissible limit. They carried forward the entitlement and effected clearances during 2008-2009, which resulted in exceeding the limit of 50% of the FOB value of exports during the year 2008-2009 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the DTA which does not exceed 50% of the exports made. Therefore, notwithstanding the facility of carry forward provided in Foreign Trade Policy, as far as payment of excise duty is concerned, the concessional rate will apply only in respect of clearances not exceeding the 50% limit. Therefore, the demand in the present case is clearly sustainable in law. Accordingly, he pleads for putting the appellant to terms. 6. We have carefully considered the submissions made by both the sides. 6.1 As regards the merit of the case, on a plain reading of the exemption notification, what is permitted to be cleared into DTA at the concessional rate under notification No.23/2003-CE is only 50% of the FOB value of exports made during the year. If ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
