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2023 (12) TMI 324 - AT - CustomsTaxability of the processed goods leftover after completion of the export obligation - diverted goods or not - violation of Condition X mentioned in the Notification 21/2015-Cus dated 01.04.2015 - HELD THAT:- It is seen that the condition X of Notification No. 21/2015-Cus dated 01.04.2015, applies only to the goods imported under the duty exemption scheme, whereas the provision of para 4.16 of the Foreign Trade Policy 2015- 20 covers the goods manufactured out of imported goods. It is seen that para 4.16 of foreign trade policy 2015-20 specifically designed to deal with the cases like the instant case. In the case of PCL Oil & Solvents Ltd [2019 (12) TMI 953 - CESTAT AHMEDABAD] in identical circumstances, it was held that Revenue has failed to notice Para 4.28 of HBP relates only to cases of bona fide default in fulfilling export obligation and it would naturally not apply to the cases where there is no default like in the instant case. Appeal allowed.
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