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2015 (6) TMI 951 - AT - Central ExciseImport of the goods duty-free for use thereof in EOU - Clearance of finished goods to DTA - Held that:- It does not appeal to the common sense that how an entitlement pending before the Development Commissioner protects the interest of Revenue at this stage. No doubt foreign exchange did not come for no export made when imported raw materials were processed and the finished goods manufactured were sold in DTA. The duty forgone at the time of import became loss to Revenue. Added to this, appellant has discharged duty liability at normal rate of excise duty which is not equal to customs duty forgone. Therefore, prima facie, the demand raised appears to be correct at this stage. - Partial stay granted.
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