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2009 (8) TMI 550

..... ehouse as not received directly there from the refinery under bond. Explanation inserted by Notification No. 34/2002-C.E. to the effect that petroleum products cleared under bond from specified refineries in a warehouse can be cleared at concessional rate. Intention is to allow exemption to petroleum products originating from north eastern refineries. Nothing in Notification to deny exemption if goods received under bond in one or more warehouses from where cleared on payment of duty. object of notification be defeated if given interpretation, as adopted by Revenue accepted. - E/334/2005 - 1165/2009 - 12-8-2009 - S/Shri M.V. Ravindran, Member (J) and P. Karthikeyan, Member (T) Shri G. Shiva Dass, Advocate, for the Appellant. Shri M. Ravi Ra .....

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..... ad not been received directly from a specified refinery under bond. Notification allowed exemption only to clearances of petroleum products cleared from the warehouse after its receipt under bond from a refinery specified in the notification. 2.1 In the appeal before the Tribunal, IOC has submitted that they had paid duty at the rate of 8% on clearances of LDO to their customers i.e. M/s. Dredging Corporation Ltd. and Shipping Corporation Ltd. availing the benefit of the notification. It is argued that petroleum products removed from the specified refineries, received under bond in the installation of the assessee and cleared on payment of duty from the warehouse qualified for the exemption extended in the notification. The notification has .....

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..... exemption extended therein was available for petroleum products cleared from the specified refineries under bond on their removal from a warehouse. It was immaterial that the goods were received in the warehouse from where they are cleared on payment of duty, from another warehouse where the goods removed from the refinery under bond had been initially received. 2.3 The learned SDR reiterates the reasoning and findings contained in the impugned order. The notification as amended and allowed exemption only to clearances of petroleum products on payment of duty received under bond directly from any of the refineries specified in the notification. 3. We have carefully considered the facts of the case and the submissions made by both sides. The .....

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