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2014 (2) TMI 1061 - CESTAT AHMEDABADComputation of Net Foreign Exchange (NFE) - export obligation - deemed export - Adjudicating Authority held that the entire monetary realisation of appellant's clearances/sales proceeds have been effected in Indian currency and not foreign exchange - Whether the clearance made in DTA against Advance Authorisation, where payments are not received in foreign currency, are admissible for the purpose of fulfilling export obligation under Exim Policy or not - Held that:- It is evident from the provisions/procedures prescribed that supplies made under Para 6.9 of Chapter-6 of the Exim Policy has to be included while calculating NFE. It is further observed from Para 6.9 of the Exim Policy, effective from 1.4.2006, that Clause 6.9(b) relied upon by the Adjudicating Authority was deleted and did not exist during the period under dispute. No other contrary provision was brought to the knowledge of the Bench to the effect that such DTA sales under Advance Authorisation Scheme are not to be considered for the purpose of calculating NFE. Even the concerned monitoring agency of Development Commission, KSEZ, Gandhiham vide Final Exit Order dated 25.1.2011, issued from F No. KASEZ/100%EOU/II/62/05-06/3390 has finally allowed exit from the 100% Scheme approved under the LOP No. ESEZ/100% EOU/II/62/05-06 dated 21.4.2006 - Decided in favour of assessee.
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