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2017 (7) TMI 318 - CESTAT MUMBAIBenefit of N/N. 92/04-Cus dated 10th September 2004 - whether credit is permitted to be used, when duty was not paid at the time of import? - Held that: - The nomenclature of the various export promotion schemes under the Foreign Trade Policy notwithstanding, they are, in essence, exemption from duty that are operated through notification issued under section 25 of Customs Act, 1962 for imports that are conditional upon compliance with the notification. A benefit that was not claimed at the time of import is not available for being extended in recovery proceedings. Accordingly, there is no merit in the claim of the appellant for discharge of duty liability by recourse to the exemption to the extent of credit available under the scheme. The goods are not available for confiscation. In the absence of the availability of said goods or its lien, with the confiscating authority, redemption is an impossibility and the quid pro quo, sanctified by law, for such redemption is evidently absent - the redemption fine set aside. The disallowance of recourse to the exemption notification and the imposition of penalty is upheld. Appeal allowed - decided partly in favor of appellant.
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