Gujarat High Court
The Commissioner Of Central Excise & ... vs Suyog Fibre India Pvt. Ltd. & 1 ... on 7 July, 2009
Author: K.S.Radhakrishnan
Bench: K.S.Radhakrishnan
TAXAP/127120/2008 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 1271 of 2008
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THE COMMISSIONER OF CENTRAL EXCISE & CUSTOMS,
SURATII Appellant(s)
Versus
SUYOG FIBRE INDIA PVT. LTD. & 1 Opponent(s)
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Appearance :
MR RJ OZA for Appellant(s) : 1,
None for Opponent(s) : 1 2.
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HONOURABLE THE CHIEF JUSTICE MR.
CORAM :
K.S.RADHAKRISHNAN
and
HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 07/07/2009
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) Heard learned counsel for the appellant.
Admit.
Issue notice to the respondent on the following substantial questions of law: "(a) Whether in the facts and circumstances of the case and in law, the Tribunal is justified and has committed error of law in granting benefit of Notification No. 34/94CE dated 1.3.1994 on goods imported duty free under DEEC Scheme without satisfaction of the condition of imported POY being either exported or used in the manufacture of goods to be exported?
(b) Whether in the facts and circumstances of the case and in law, the Tribunal is justified and has committed error of law in holding that the respondent is entitled to exemption and that no duty could be directed to be recovered from them in case texturised yarn which has TAXAP/127120/2008 2/2 ORDER not been exported by the merchant exporter, who had imported POY under DEEC Scheme and had illegally availed exemption from payment of duty in terms of Notification No. 203/92Cus. and 204/94Cus without satisfaction of the conditions mentioned in the Notification No. 34/94CE dated 1.3.1994?
© Whether the Tribunal is right in allowing benefit of Notification No. 34/94CE dated 1.3.1994, even then none of the case law cited by the Tribunal can be squarely applied to the facts of the case on hand?"
Post along with Tax Appeal No. 1614 of 2007.
(K.S. Radhakrishnan, C.J.) (Akil Kureshi, J.) */Mohandas