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2007 (11) TMI 189 - CESTAT, MUMBAIProcess of texturising of yarn which is procured by them from certain importers, who have imported the same - Since the SCN and the OIO proceeds on the ground that CVD duty has not been paid by importer & accordingly the exemption u/not. 55/78 is not available – though exemption is not available to imported yarn but only to indigenous yarn we hold that the exemption cannot be denied on this ground - since this was not the ground of denial in SCN or OIO, we set aside demand
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