DALVEER BHANDARI, J.

( 1 ) THE questions of law involved in all these appeals are identical, therefore, we propose to dispose of these appeals by this common judgment. For the sake of convenience, the facts of Civil Appeal Nos. 813-814 of 2004 are recapitulated as under:

( 2 ) THE respondent M/s M. M. K. Jewellers is a unit in santacruz Electronics Export Processing Zone, engaged in the manufacturing of plain/studded/unstudded gold jewellery for export from directly imported gold or from the gold procured from MMTC in terms of Notification No. 196/87-Cus dated 5. 5. 1987 which was further amended by Notification No. 155/92-Cus dated 30. 3. 1992 and Notification No. 177/94-Cus dated 21. 10. 1994. The said notification, inter alia, permitted graded percentage of gold wastage or loss depending on the value addition achieved, on the jewellery of the description specified therein, and provided that scrap, dust or sweepings may be forwarded to the Government Mint by the importer for conversion into standard gold bars and returned to the said zone in accordance with the procedure specified by the commissioner of Customs in this regard. Amongst other conditions, the said notification requir