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M/s. SKM Egg Products Export (I) Ltd. Versus CCE, & ST, Salem

2016 (9) TMI 30 - CESTAT CHENNAI

Exemption from excise duty - Notification No. 23/2003 CE dated 31.03.2003 - egg shell waste - Held that:- the issue is settled in favour of the appellant assessee. by following the ratio of decision of he Tribunal in the case of M/s. SKM Egg Products .....

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. 23/2003 CE, the impugned order is set aside. - Decided in favour of appellant - E/EH/40618 - 40625/2015 and E/42399 - 42406/2014 - FiINAL ORDER No. 41192-41199 / 2016 - Dated:- 19-7-2016 - Shri P. K. Choudhary, Judicial Member And Shri C. J. Mathew .....

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Appeal No. 147 - 154/2014 (CE) dated 06.08.2014 passed by the Commissioner of Central Excise, Salem. Shri M. Saravanan, Ld. Consultant, submits that the appellant on the very same issue for earlier period, the Hon ble Tribunal vide Final Order No.404 .....

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2003. Therefore, he prays that since the issue is stand settled in favour of the appellant by the Chennai Bench of the Hon ble Tribunal, the appeals itself may be taken up for disposal. 3. Heard both sides. Since the issue is settled in favour of the .....

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t the benefit of Notification No. 23/2003 CE dated 31.03.2003 is available to Egg Shell wastes. The relevant portion of the said decision is reproduced as under:- 11. Further, the appellant has a strong case in view of the exemption at S. No. 21 of N .....

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ay not be an export market and EOUs will be forced to clear such waste into domestic tariff area. The exemption enables 100% EOU producing food products to dispose of waste products, if arising out of indigenous raw materials, without payment of any .....

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