JAYBEE LAMINATION LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS appeal has been directed by the appellants against the impugned order -in -original vide which the Commissioner has confirmed the duty of Rs. 10,02,931/ - under Rule 8 of the Customs (Imports of Goods at Concessional Rate of duty for manufacture of excisable goods) Rules, 1996, after denying the benefit of Notification No. 20/99 -Cus., dated 28 -2 -1999 and also imposed penalty of equal amount on them.

(2.) THE learned Counsel has contended that the benefit of the above said notification has been wrongly denied on the ground that the inputs imported at concessional rate of duty under the said notification had been used in excess of the ratio specified under the Exim Policy of the year 1997 -2002 in the manufacture of the final products, as the ratio mentioned under the said Exim Policy could not be made applicable to the case of the appellants. He has also contended that there is no allegation of clandestine removal of the imported inputs as such or of the final products manufactured out of the same, in the domestic market. Therefore, neither duty could be confirmed against the appellants nor any penalty was imposable and the impugned order deserves to be set aside.

(3.) ON the other hand, the learned SDR has reiterated the correctness of the impugned order.