VIKAS WSP LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) HEARD the learned advocate for the appellant and learned DR for the respondent. The learned Advocate for the appellant has candidly conceded that the two points which arise in the matter in hand have been fully dealt with and answered against the case pleaded by the appellant herein.

(2.) INDEED perusal of the records disclose as rightly submitted by the learned advocate for the appellant that the two points for consideration which arise in the matter in hand are (1) Whether the goods which are cleared from 100% EOU clandestinely and without any permission are eligible for exemption under notification No. 125/84 -CE dated 26.5.84? (2) Whether such goods are to be assessed under the provisions of main Section 3(1) of the Central Excise Act or under the proviso to Section 3 of the Central Excise Act?

(3.) IN the case in hand, only distinguishing factor which is brought to our notice is that after the goods were removed, while the same were in transit, they were stolen. However, the same would not in any way change the situation as far as the liability to pay the duty is concerned, or mode of assessment in relation to the goods. Being so, the matter in hand is fully covered by the decision of the Larger Bench in Jaipur Golden Transport and therefore, the appeal is accordingly, liable to be dismissed and is hereby dismissed.