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2015 (10) TMI 2523 - CESTAT NEW DELHIRefund claim - Notification No. 51/94-C.E. (N.T.), dated 22-9-1994 and Notification No. 45/2001-C.E. (N.T.), dated 26-6-2001 - duty paid on export - payment is received in freely convertible currency and the procedure laid down is fulfilled - bond for clearance of goods under above notifications, not executed by the appellant - Held that:- Needless to say the condition to execute bond is incorporated in the notification to safeguard the revenue when the export is made without payment of duty. In the present case, the goods have been exported after payment of duty. The execution of bond, in such case, would be a futile exercise. The second condition of receiving payment in foreign currency is undeniably fulfilled by the appellant. Therefore, by applying the ratio of decision of Apex Court in the case of Share Medical Care v. Union of India [2007 (2) TMI 2 - SUPREME COURT OF INDIA], even if the assessee does not claim benefit under particular notification initially, he is not debarred from claiming such benefit at the later point of time. Hence, we are able to reach inescapable conclusion that the appellant is entitled for refund. - Decided in favour of appellant
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