TMI Blog2018 (10) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... rehousing license of the appellant is renewed up to 2014 as shown by the appellants, then consequently as per the Circular, bonded warehousing period has automatically renewed up to 5.7.2014 and at the time of de-bonding, both the licenses were valid and in existence and therefore, demanding the duty and imposing penalty is not sustainable in law - appeal allowed - decided in favor of appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Schedule to the Central Excise Tariff Act, 1985. They are working under 100% EOU scheme holding private bonded warehouse No.48/2003 dated 23.4.2003. The appellants had sought for de-bonding of indigenous capital goods and raw materials. It was observed that in respect of these warehoused goods, validity period had expired and the appellants had not sought for extension of warehousing period. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arehousing license which has been renewed up to July 2014 have also been produced on record. He further submitted that once the warehousing license is extended, then the warehousing period of the capital goods automatically stands extended. In support of this, he relied upon the Circular No.7 of the 2005-Cus. dated 14.2.2005, which clearly observed as under: CBEC Circular No.7/2005-Cus. dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alore: 2008 (223) ELT 449 (Tri.- Bang.) wherein under the similar circumstances, the Tribunal has held that the demand of duty and imposition of penalty are not sustainable. 5. On the other hand, the learned AR defended the impugned order. 6. After considering the submissions of both the parties and after going through the Circular No.7/2005-Cus. dated 14.2.2005, I am of the view that once t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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