COMMISSIONER OF CENTRAL EXCISE Vs. BEE INTERNATIONAL

JUDGEMENT

(1.) HEARD Mr. Jetly, learned counsel for the Revenue and Mr. Umesh R. Phalorh, Chief Financial Officer of the respondent in person. This appeal was admitted on 18 -10 -2006 on the following questions of law: - -

(2.) THE respondent -assessee, a 100% Export Oriented Unit (EOU) failed to fulfil the export obligation even after importing duty free import of raw materials to the tune of Rs. 3.94 crore. As a result of not fulfilling the export obligation, proceeding was initiated and by an order dated 17 -2 -2004, the entire duty demand with interest was confirmed and penalty was also imposed.

(3.) ACCORDINGLY , the impugned order dated 27 -5 -2005 is quashed and set aside and the matter is restored to the file of the Tribunal for considering the grounds on which the assessee has challenged the Order -in -Original dated 17 -2 -2004. The appeal is accordingly allowed with no order as to costs.