Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2017 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 730 - HC - Central Excise100% EOU - Sale of goods to DTA - interpretation of statute - Whether in the facts and circumstances of the case the CESTAT being the last fact finding body was justified in drawing conclusion that appellant has taken no permission to sell the goods in DTA, when there was no need of permission as per EXIM Policy para 9.9 for the period 1997-2002? Held that: - Taking into consideration the very object of 100% export oriented and exemption of excise duty is to have earning of foreign exchange, if without prior permission of the authority, local sale is allowed then it will lead to loss of excise duty and if the prior permission is not taken, without permission, the export will not be done and locally goods will be disposed of. Clause 9.9 is to be read as intimation subject to proviso they have to take permission of the competent authority. Appeal dismissed - decided against assessee.
|