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2017 (1) TMI 1727 - AT - CustomsBenefit of exemption N/N. 104/94-Cus., dated 16-3-1994 - “flexitanks” imported by the appellant was not re-exported by the same appellant with necessary processing thereto - HELD THAT:- Exemption is granted at the cost of the public. Any interpretation of the notification to the disadvantage of public interest shall result in breach of public trust. When the appellant executed bond to carry out certain obligations, non-fulfillment of such condition negates the claim to the notification benefit. Appellant is obligated under law to carry out the mandate thereof. Benefit of the notification cannot be interpreted liberally unless the appellant first satisfies the basic condition of the notification - Appellant failed to do so and having gained the benefit of import duty at the time of import, it was duty bound under law to make export of the processed goods without passing on the goods to a third party, who was stranger to Revenue at the time of import. Appeal dismissed.
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