The said Circular was quashed by the Hon’ble High Court of Delhi side its order dated 21. l l .2003 holding that these processes would not amcunt to manufacture. Department’s appeal filed against Delhi High Court Order b.as been dismissed by Hon ‘ b1e Supreme Court.
(3) that if the importer does not claim exemption from the additional duty leviable under section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be taken for computation of the net duty saved for the purpose of fixation of export obligation provided the Cenvat credit of additional duty paid has not been taken
Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.21/2002-Customs, dated the 1st March, 2002.