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2012 (3) TMI 352 - CESTAT NEW DELHIBenefit of Notification No. 108/95-C.E. - project was financed by World Bank only with effect from 1-3-2000 - whether the said exemption could be extended to goods cleared prior to that date - Held that:- It stands explained by the Appellants that initially the goods were imported without payment of duty availing the exemption for goods imported for supply to a project financed by World Bank and when the issue that they might not be eligible for such exemption for the period prior to 1-3-2000 was pointed out to them they paid the duty subsequently. In the facts of the case duty paid on raw materials should have been taken into account while the duty liability - exemption under Notification No. 108/95-C.E. cannot be denied for the reason that part of the project was met by the beneficiary of the loan from the World Bank. The fact that the expenditure up to a particular time frame was met by the beneficiary of the loan is not substantially different from the said position - Decided in favour of assessee.
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