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2019 (12) TMI 1494 - AT - Central ExciseDemand of duty forgone - remittance for the goods exported could not be shown to have received from Asian Development Bank in freely convertible currency in Indian rupee - N/N. 45/2001-CE (NT), dated 26.06.2001 - HELD THAT:- The said project was undertaken as per bilateral agreement India and Bhutan for generation of electricity. The impugned notification was also issued under Rule 19 of the Central Excise Rules, 2002, permitting export of the goods to the said specified project in Bhutan under bond with security. Bank certificates submitted by the appellant side also confirmed receipt of payment in freely convertible currency in Indian rupee as specified in the said notification. The situation in the instant issue was not different from that or the said past exports. Once exports were admittedly made and received by the project authority, there cannot be any demand of Central Excise duties. The duty on the goods can be demanded only if the goods have not been exported out of India within the stipulated period but, there is no such allegation in the demand notices. In view of this, demand notices are not sustainable. Therefore, once the remittances of export proceeds were originated from Asian Development Bank, as certified by the Banks at the recipient end, the demand notices were unfounded. Appeal allowed - decided in favor of appellant.
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