SWATI POLYESTER Vs. COMMISSIONER OF C. EX., SURAT

JUDGEMENT

(1.) ALL the appeals are being disposed off by a common order as they arise out of the same impugned order passed by the Commissioner of Central Excise, Surat, confirming demands of duty and imposing penalties upon them.

(2.) WE heard Shri J.C. Patel and Shri Willingdon Christain, ld. Advocates, appearing for the appellants and Shri K.J. Sanchis, ld. DR appearing for the revenue.

(3.) AS per facts on record, M/s. Shiva Exports and M/s. Vimla Fashion Pvt. Ltd., imported POY under DEEC Scheme and by availing exemption from payment of duty in terms of Notification No. 203/92 -Cus. and 204/94 -Cus. The exemption in terms of the said Notification is available to POY imported into India for use in the finished final products to be exported. Inasmuch as the said POY was to be converted into texturised yarn, another Notification No. 34/94 -CE, dated 1 -3 -94 was issued, which exempted the texturised yarn, if manufactured from the POY imported duty free under DEEC Scheme subject to the condition that the same is either exported or used in the goods to be exported.