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M/s. ISMT limited Versus Union of India

Demand of duty, interest and penalty - export of goods without payment of duty under letter of undertaking - failure to submit a proof of export within a period of six months - Held that:- the authorities, after undertaking the process of adjudication under Section 11AF of the Central Excise Act, imposed penalty as the petitioners failed to pay the interest also. It is disclosed that CENVAT credit is taken by the petitioners after furnishing the proof of export. There is no dispute between the p .....

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the Respondent. JUDGMENT: 1] The petitioner is praying for quashment of the order passed in revision application on 20th December, 2010, thereby confirming the order passed by the Commissioner (Appeals) Central Excise and Customs, Aurangabad under the policy framed by the Excise Department. In order to avail the benefits of Notification No. 42/2001, the goods shall have to be exported within six months from the date on which those were cleared for export from the factory of the production or the .....

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involved, the Assistant Commissioner after due process of adjudication, confirmed the interest payable under Section 11AF of the Central Excise Act, 1944 and also imposed equal penalty on them. It was later on disclosed that said CENVAT Credit is again taken by the petitioner after furnishing proof of export. It is not a matter of dispute that the petitioner has exported the goods within a period of six months from the date of production and as such, under the policy of the Government, it is ent .....

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has been established and confirmed that the duty has been deposited correctly, so also, the proof of export has been accepted. The learned counsel relies on the judgment of the Apex Court in the case of Mangalore Chemicals and Fertilizers Vs. Deputy Commissioner AIR 1992 SC 152. 3] Mr. Deshpande, learned counsel submits that the petitioners were required to submit the proof of export within a period of six months. Petitioners failed to submit the same. Unless proof of export is submitted, it wo .....

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