WOOLWAYS INDIA LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Heard both sides. The Applicants have filed these applications for waiver of pre -deposit of duty of Rs. 98,28,561/ - and penalty of Rs. 1,03,28,561/ - and penalty on the Managing Director.

(2.) The Applicants have already deposited an amount of Rs. 10 lakhs against this demand.

(3.) The demand was confirmed on the ground that the Applicants cleared the yarn without payment of duty whereas the contention of the Applicants is that fibre was imported against advance licence and yarn was manufactured out of this fibre and the fabric, made out of this yarn, was exported and the export obligation have already been met. The Revenue is not disputing the fact that fabric manufactured by the Applicants had been exported. In these circumstances, we find a strong prima facie case in favour of the Applicants. Therefore, pre -deposit of the duty and penalty is waived for hearing of the appeals.