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Narmatha Textiles Pvt. Ltd. Versus Commissioner of Central Excise, Chennai

2015 (11) TMI 885 - CESTAT CHENNAI

Waiver of pre deposit - Duty demand - appellants have not commenced production and not fulfilled the EPCG obligation - Held that:- appellants have claimed before the assessing authorities that they have completed the export obligation to the extent of 50% out of the total obligation and sought local report from Chennai office for considering their request. Considering the above facts, and also considering the claim of 50% fulfilment of export obligation before DGFT, we direct the appellants to p .....

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d partly in favour of assessee. - Appeal No. C/S/41312/2013 & C/41602/2013 - FINAL ORDER No. 41424/2015 - Dated:- 13-10-2015 - Hon ble Shri R. Periasami, Technical Member And Hon ble Shri P.K. Choudhary, Judicial Member For the Appellant : Ms. Sridevi, Advocate For the Respondent : Shri Kailash Chandra Jena, ADC (AR) ORDER Per R. Periasami The stay application is taken up for hearing. The stay application was listed on several occasions i.e. on 18.9.2014, 17.12.2014 wherein the advocate sought f .....

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filed against Commissioner (Appeals) order dt. 30.4.2013. The brief facts of the case are that appellants have imported capital goods under EPCG Licence No.0430000008 dt. 15.9.1999 for manufacture of textile fabrics. Since the appellants have not commenced production and not fulfilled the EPCG obligation, the adjudicating authority vide OIO No.15548/2011 dt. 5.4.2011 confirmed the customs duty of ₹ 3,36,53,000/- forgone on imported goods along with interest. Aggrieved by the above order, .....

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s that they have taken up the issue of extension of time for export obligation with both regional office of JDGFT, Chennai as well as DGFT, New Delhi through various reminders, as well as through RTI application. She submitted a copy of RTI reference and also RTI appeal Order and dt. 30.9.2015 issued by the RTI Appellate Authority, JDGFT zonal office at Shastri Bhavan, Chennai and submits that the zonal office has not responded to DGFT, Delhi letter and submits that they are expecting that DGFT .....

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₹ 1 crore out of the total demand confirmed ₹ 3.5 crores. On perusal of various correspondences made between the appellants and the DGFT submitted reveals sequence of events starting from 15.9.1999 to 30.4.2014 for extension of export obligation. 6. On a perusal of the order of Tamil Nadu Pollution Control Board order dt. 26.10.2007 at S.No.11 and Hon'ble High Court Status Report Sl.No.246, pertaining to appellants (Ref.page 35 of PB), therein for contravention of Tamil Nadu Pol .....

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