Boc India Limited VS. State Of Jharkhand & Others

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Boc India Limited VS. State Of Jharkhand & Others

The Judgement Information System CASE NO.: Appeal (civil) 2215 of 2002

PETITIONER: Commissioner of Customs & Central Excise, Goa RESPONDENT: Phil Corporation Ltd.

DATE OF JUDGMENT: 07/02/2008

BENCH: Ashok Bhan & Dalveer Bhandari JUDGMENT: J U D G M E N T

WITH

C.A. Nos.7325-7326/2001 & 7242-7243 OF 2002 Dalveer Bhandari, J.

1. We propose to dispose of the aforesaid appeals by this judgment because common questions of law are involved in these appeals. In order to avoid repetition, the facts of Civil Appeal No.2215 of 2002 are recapitulated in order to comprehend the controversy involved in these cases.

2. M/s Phil Corporation Ltd., the respondent assessee manufactures processed cashew nuts, peanuts, almonds etc. by dry roasting, oil roasting, salting, seasoning and packs them in different containers and clears these items under its brand name. Admittedly, the respondent assessee did not register with the Central Excise Authorities and cleared these goods without payment of excise duty.

3. After due investigation, a show cause notice was issued by the Commissioner of Customs and Central Excise, Goa on 6.8.1999 to the respondent assessee demanding duty under Chapter 20(2001.10) on the goods cleared without payment of central excise duty and proposed penalty action. The respondent assessee in its reply dated 4.10.1999 denied the allegations incorporated in the show cause notice and submitted that its...

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