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2016 (1) TMI 332 - CESTAT KOLKATA

2016 (1) TMI 332 - CESTAT KOLKATA - TMI - Waiver of pre-deposit - Benefit of area based exemption Notification No.32/99-CE dated 08.07.1999. - Revenue contended that since the Applicant were undisputedly engaged in the process of re-packing of goods from bulk packs, therefore they are not eligible to the benefit of said Notification w.e.f. 25.04.2007. - Held that:- On a careful analysis of the arguments advanced by both sides, we find the issue involved is substantial question of law and highly .....

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waiver of pre-deposit of dues adjudged.

Stay granted. - Stay Petition No. SP-70884/2013, Appeal No. EA-70858/2013 - Dated:- 29-9-2015 - D M Misra, Member (J) And H K Thakur, Member (T) For the Appellants : Shri Ravi Raghavan, Adv. & Miss Satabdi Chatterjee, Advs For the Respondent : Shri K Chowdhury, Supdt. (AR) ORDER Per D M Misra 1. Heard both sides. 2. This is an Application seeking waiver of pre-deposit of duty of ₹ 60.68 Lakhs and equal amount of penalty imposed under .....

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ention of the ld. Advocate for the Applicant that the amendment cannot be made applicable to the Units existing before the amendment i.e. 25.04.2007 and is applicable prospectively. In support of their contention that the amendment is not applicable to the units existing prior to 25.04.2007, the ld.Advocate referred to the judgement of Hon'ble Himachal Pradesh High Court in the case of Gillete India Ltd. v. UOI - 2009 (235) ELT 5(HP). Further, it is their argument that the process of packing .....

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for recovery of the refund amount sanctioned during the period is unsustainable in law. In support he has referred to the decision of the Hon'ble Gauhati High Court in the case of CCE, Shillong v. Jellalpore Tea Estate - 2011 (268) ELT 14(Gau.). Further, he has submitted that the demand issued by the department is barred by limitation inasmuch as the appellant have been allowed the periodical refund of duty in accordance with the procedure laid down under Notification No.32/99 CE dt.08.07.19 .....

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nue observing that sufficient evidences were not laid down in establishing the fact that withdrawal of the exemption Notification would result a greater public interest than its continuation. It is his submission that no such situation did arise or exists in the present case. He has submitted that exemption is issued in the public interest by the Govt. of India and can be revoked at any time, if withdrawal of such exemption would serve a greater public interest. He further submits that the issue .....

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recovered under Sec. 11A of CEA,1944 in view of the ratio laid down by the Hon'ble Supreme Court in the case of Grasim Industries Ltd. vs. CCE, Bhopal -2011 (271) ELT 164(SC). On the aspect of limitation, he reiterated the findings of the ld. Commissioner. 5. Heard both sides and perused the records. It is not in dispute that the Applicant have been availing the benefit of area based exemption Notification No.32/99-CE dated 08.07.1999. The dispute arose after insertion of the following claus .....

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of Assam or Tripura or Meghalaya or Mizoram or Manipur or Nagaland or Arunachal Pradesh or Sikkim" 6. It is the contention of the Revenue that since the Applicant were undisputedly engaged in the process of re-packing of goods from bulk packs, therefore they are not eligible to the benefit of said Notification w.e.f. 25.04.2007. The argument of the Applicant on the other hand is that Notification No.32/99-CE dated 08.07.1999 was initially issued for a period of 10 years, and applicable to t .....

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