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2017 (2) TMI 140 - CESTAT ALLAHABADConcessional rate of duty - Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods - the appellant exported 8,254 Nos. of LCD Panels on which the exemption under the said Notification was allowed at the time of importation wherein duty forgone under the claim of said Notification was ₹ 78,53,643/-. It appeared to Revenue that under Rule 8 of said Rule 8,254 Nos. of LCD Panels were not accounted for by the appellant and therefore ₹ 78,53,643/- was recoverable from appellant u/r 8 of the said Rules. Held that: - for the period subsequent to the period of SCN the said Rules were amended wherein it was provided that the imported goods which could not be utilized can be re-exported. Though the said provision was not applicable to the period for which the SCN was issued, the principle involved in the said provision should be applicable for all the material periods. It may be reasonable that if the goods on importation are re-exported, as such then they should be treated as if were never imported. In that event, Rule 8 of the said Rules will not be applicable - appeal allowed - decided in favor of appellant.
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