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2011 (11) TMI 200 - HC - CustomsDenial of exemption provided under Notification No.93 of 2004, Customs dated 10.9.2004 - assessee imported raw material for the purpose of undertaking job work – supplier later discontinued job work and asked to return the balance of imported parts – whether benefit under Para:2.35 of the Foreign Trade Policy is available - Held that:- The importer would be entitled to claim the benefit of exemption from payment of duty only as per the terms of the Notification and not otherwise. Therefore, exemption of benefit of the duty is not available in the event of re-exporting the un-utilised goods, as such exemption is not available as per the Notification, by which such import has been made. Further Clause 2.35 of Foreign Trade Policy contemplates a situation in general and not when the import or export is covered by a specific notification. As it is held that the assessee could re-export only as per the notification, they cannot rely the general clause relating to Foreign Trade Policy. - Decided in favor of Revenue.
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