TMI Blog2005 (2) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... peal vide Appeal No. E/1430/2000 and assessee in appeal E/1085/2000 against the same order of the Commissioner (Appeals). 2. Revenue is in appeal against the order as the same does not uphold penalty under Section 11AC and interest under Section 11AB of the Central Excise Act, 1944. We find that the period in this case is prior to 28-9-1996 and penalty under Section 11AC and interest under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere cleared duty free under the ad hoc exemption granted for supply of goods to Minority Commission, for eventual export to Iraq. Since the goods have been cleared on full exemption of duty, input credit is proposed to be denied. 4. After hearing both sides, and considering that the issue on duty of such samples which are retained under the Drugs and Cosmetics Act, 1940 and relying on the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led on the inputs used in the manufacture of the same cannot be denied. 6. As regards denial of credit of goods removed pursuant to ad hoc exemption granted to Minority Commission for receipt export to Iraq, it was submitted that the goods have eventually been sent to Iraq and Minority Commission's certificate in that respect would be obtained. For this purpose, the matter is required to be re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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