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2016 (3) TMI 218 - CESTAT NEW DELHI

2016 (3) TMI 218 - CESTAT NEW DELHI - TMI - 100% EOU - Denial of exemption - Reimbursement of goods short received - Appellant imported cotton on the basis of procurement certificate issued by the designate authority of Customs & Central Excise based on which the Custom authorities at the port allowed clearance thereof duty free. Thereafter, at the time of weighment while re-warehousing goods found to be short (in weight), although the number of bales were the same as imported and were intact. T .....

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Notification No. 53/1977-Cus. are violated. Therefore, the demand can not be raised. - Decided in favour of appellant - Appeal No. C/368-369/2010-CU(DB) - F. Order No.52608-52609/2015 - Dated:- 12-8-2015 - Mr. Justice G. Raghuram, President And Mr. R.K. Singh, Member (Technical) For the Petitioner : Shri Rachit Jain, Advocate For the Respondent : Ms. Suchitra Sharma, D.R ORDER PER R.K. SINGH: Appeals are filed against order-in-appeal dated 31.3.2010 in terms of which customs duty demands amount .....

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stom authorities at the port allowed clearance thereof duty free. The goods were received in the appellants factory and at the time of weigment while re-warehousing found to be short (in weight), although the number of bales were the same as imported and were intact. The appellant raised debit notes on the supplier for the quantity short received. The adjudicating authority confirmed the demand on the amount which was recovered by the appellant from the foreign supplier on account of such short .....

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