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2011 (2) TMI 403 - AT - CustomsDemand with penalty - Shortage of stock under verification - Remission of duty - it becomes quite clear that the definition of import and other provisions relating to import have to be applied on the assumption that when the goods are imported into SEZ, they are in foreign territory - The Commissioner has also relied upon Section 76-B of Customs Act, 1962 to take a view that by denying remission under Section 23 of Customs Act, 1962 no conflict arises between the Customs Act and the provisions relating to SEZ - This is further confirmed when we consider Regulation-4 in the Regulations notified under Notification No. 53/2003-N.T., dated 22-7-03 - these regulations show that even though SEZ is treated as a foreign territory for the purpose of levy of customs duties, yet when it comes to procedure to be followed for clearance of goods to the SEZ unit, it is treated as clearance for home consumption Once the action to the SEZ units or the loss of goods by fire is not covered by Rule 8 of SEZ Rules 2003, the deemed fiction of SEZ being a foreign territory comes into picture - the goods which have been destroyed have to be held to have been destroyed in the deemed foreign territory and if that is so no customs duty can be demanded - Appeal is allowed
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