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2014 (8) TMI 746 - AT - Central ExciseDTA Entitlement - When the entitlement accrues on the first day of a financial year based on the export performance and NFEP during the preceding financial year, can it be said that merely because the entitlement was formalized by a letter of the Development Commissioner later, the benefit should be denied during the period of interregnum between the first day of financial year and the date of issue of permission by the Development Commissioner - Held that:- The right to sell in the DTA accrues to the appellant on the first day of a financial year. That accrued/vested right cannot be taken away merely because there was a delay in issuing the letter of permission by the Development Commissioner. Such an interpretation would make a mockery of the provisions of EXIM policy and the benefits granted to the exporter under the said policy - during the interregnum, there was a permission available which was valid, based on the preceding year's export performance and the clearance made by the appellant was within this limits specified. Therefore, it cannot be said that the appellant did not have the requisite permission for sale in to DTA - Following decision of Global Wool Alliance Pvt. Ltd. [2011 (2) TMI 637 - CESTAT, MUMBAI] - Decided in favour of assessee.
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