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2016 (12) TMI 316 - AT - CustomsRecovery of duty - import of Phosphoric Acid - whether quantity received short by the appellant of Phosphoric Acid during the period 1991 to 1995 needs to be subjected to customs duty by denying the benefit of exemption Notification claimed? - Held that: - I have perused the Notifications 166/76, 236/89, 121/92, 265/92 & 24/94 and find that the said notification specifically notification No. 24/94 and earlier one Notifications exempt Phosphoric Acid from customs duty if they are imported for manufacture of fertilizers. In the case in hand, there is no dispute as to the fact that the Phosphoric Acid imported is for manufacture of fertilizers. When there is no dispute as to the short receipt of the Phosphoric Acid in the shore tank, I find that the demand as raised by the Revenue was correctly dropped by the adjudicating authority. The reliance placed by the lower authority on the CBEC Circular No. 96/2002 dated 27.12.2002 is correct proposition of law and has been affirmed by the Hon'ble Supreme Court in the case of Hindustan Petroleum Corporation Ltd. [2000 (7) TMI 313 - CEGAT, MUMBAI]. Appeal rejected - decided against Revenue.
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