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2018 (1) TMI 1166 - AT - Central ExciseBenefit of N/N. 67/1995 - clearance to SEZ - deemed exports - The department was of the view that as the final products are cleared without payment of duty, the appellants are not eligible for the benefit of exemption of duty under N/N. 67/1995 for the reason that the said notification does not specify clearances made to SEZ - whether the appellants are eligible for exemption under N/N. 67/1995, when the final products are cleared to SEZ? - Held that: - The clause (1) in the above notification has been amended by N/N. 25/2016-CE dated 14.06.2016, whereby the words Free Trade Zone has been substituted by the words Special Economic Zone. The amendment has been made by way of substitution - The decision in the case of Lotus Power Gears Pvt. Ltd. [2016 (6) TMI 998 - KARNATAKA HIGH COURT] has held that the amendment brought by way substitution would take effect retrospectively. The Tribunal in the case of Ultratech Cements Ltd. [2015 (10) TMI 1058 - CESTAT CHENNAI] had occasion to consider the very same issue and observed that the benefit of notification cannot be denied for the reason that the finished goods are cleared to SEZ. Appeal allowed - decided in favor of appellant.
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