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2009 (3) TMI 524 - AT - CustomsEOU - The assessees are 100% EOU engaged in the manufacture of grey cotton fibres. Proceedings were initiated by way of show cause notice dated 9-9-2002 demanding duty of Rs. 1,23,99,528/- on the ground that clearances made by the assessees were not exempted from payment of Basic Customs Duty, Countervailing Duty (CVD) and Special Additional Duty (SAD) till the issue of Notification No. 28/2001-C.E., dt. 16-5-2001 and therefore, duty should have been paid for the period from 1-4-2001 to 16-5-2001. Held that - Clearance by EOU to DFRC holders treated as goods not allowed to be sold in India "as per Tribunal decision of Maruti Cottex Ltd. v. CCE 2008 -TMI - 53645 - CESTAT, SOUTH ZONAL BENCH, BANGALORE. Supply of goods to DFRC holders considered as deemed exports as per EXIM Policy. Demand not sustainable.
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