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TMI Blog2007 (12) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... ceeded against the appellants on the ground that they had not made any physical exports and also they are not entitled to clear goods to DTA on the ground that they had not made any physical exports and hence they would not be entitled for the benefit of the Notification No. 2/85 availed by them. Consequently, the Commissioner demanded differential duty of Rs. 1,50,07,627/- under proviso to sub section (1) of Section 11AB of the Central Excise Act, 1944, along with interest under Section 11AB. Further he imposed equal penalty under Section 11AC. Personal penalties have been imposed on the executives of the company as given below : (1) Shri Rarnana Reddy Rs. 10,00,000/- (2) N. Suryanarayana Rs. 5,00,000/- (3)Ch Jawahar Babu Rs. 5,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Excise Authorities cannot sit in judgment over or decision of the Development Commissioner and relied on various case laws. Further, the learned Advocate furnished the following information in respect of the physical exports actually by them and also the supplies to the two projects funded by World Bank and the AD Details of Exports & to whom supplied Quantity (MTs) Value (Rs) Physical Exports (Jan-03 Feb. 03) 283.010 54,00,528/- AP Transco & Kakatiya Cement, Sugar and Ind. Ltd. (Jan. 2001 to Jan. 2002) 3,605.915 4,97,67,225/- Transflora Infrastructures Park Ltd.,(100% EOU) 64,420 6,76,000/- Deemed Exports (Sales against EEFC) 15802.870 12,88,34,100/- Total 19,691.795 18,46,77,853/- 6. The learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of Notification 2/85-C.E. However, they had not made actually any physical exports and further in terms of the policy, the supplies made by them to the two projects would not be considered as physical exports and they would not be taken into account for deciding the clearances under the DTA Quota. He said that the learned adjudicating authority has strictly gone by the legal provisions and the Exim Policy and held that the appellants are not liable for the benefit of Notification No. 2/85. 8. On a very careful consideration of the matter, we find that the appellants had produced evidence before the Tribunal with regard to the actual physical exports to the tune of Rs. 52,00,000/-. They had also relied on the decision of this Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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