TMI Blog2007 (2) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... No.73 and supplied to M/s. Power Grid Corporation of India Ltd. without payment of Central Excise duty in terms of Notification No.108/95-C.E. dated 28-8-1995 on the basis of Certificate No. 5/15/Kalpataru/ EDC/5150615 dated 3-3-2000 and Certificate No.SRTC/ED/003 dated 1-3-2000 duly countersigned by the Additional Secretary, Government of India, Ministry of Power, New Delhi. (b) They have availed the Notification claiming that project for which the goods have been used is funded by the World Bank, one of the institutions funding the goods supplied to the projects will be eligible for benefit of the Notification No. 108/95-C.E. The above supplies were made during the period March, 2002 to July, 2002. (c) As the World Bank loa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 001. (5) I refrain from imposing any penalty on M/s. KPTL and Shri Mohan Krishna Harsh, Assistant General Manager (Taxation) of M/s. KPTL. 4. Learned Advocate for the appellants submits that Power Grid Corporation of India Ltd. got sanction of the loan from World Bank and also received payment from the World Bank in May, 2004 and therefore, the conditions of the Notification No. 108/95-C.E. had been fulfilled and confirmation of demand by the Commissioner is not legal. In the case of M/s. Deepak Cables (India) Ltd. v. C.C.E., Bangalore vide Final Order Nos. 1613, 1614/2005 dated 9-9-2004 [2006 (206) E.L.T. 246 (T)], the Tribunal held that benefit of exemption under Notification No. 108/95-C.E. was available to the manufacturer who h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indicated in May 2004, when World Bank has made the payment towards the project . The Notification No.108/95-C.E. do not prescribe any particular time limit to fulfil the conditions of the exemption Notification. World Bank funding which is a requirement for having availed the exemption has come through knocking out foundation of the show cause notice/order-in-original. 7. Therefore, following the ratio of the order of the Bangalore Bench in the case of Deepak Cables (India) Ltd. (supra) and the order of the Mumbai Bench in the case of Power Grid Corporation of India Ltd. (supra), the present appeal is allowed. (Operative part of the order was pronounced in the open Court at the end of hearing on 6-2-2007) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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