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2018 (1) TMI 698 - AT - Central Excise100% EOU - rate of duty on DTA clearances in terms of exemption under Notification No.23/03-CE dated 31.03.2003 - Held that: - It is undisputed fact that M/s Indo Rama Synthetics (I) Ltd. has availed benefit of deemed export under said paragraphs of the Exim Policy and therefore, under said Explanation (ii) the supply received by appellant company were imported goods. Therefore, condition under Sl. No. 3 is not satisfied and therefore the benefit of exemption at Sl. No.3 is not admissible to the appellant company. Penalty - Held that: - Since the matter was related to interpretation of notification, therefore, there was no malafide on the part of appellants - penalty set aside - personal penalty of ₹ 1 lakh imposed on Shri V.P. Yadav also set aside. Appeal allowed in part.
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