2011 (11) TMI 200
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....f situation or circumstances of the importer? 2. Whether the CESTAT is right in extending the benefit under Para:2.35 of the Foreign Trade Policy, when the import was allowed and the Exemption Notification was governed by Para:4, 1, 3 of the Foreign Trade Policy ? 3. Whether the CESTAT is right in extending the benefit of Notification against the Hon'ble Supreme Court ruling in the case of Indian Ryon & Industries Ltd. reported in 2008 (229) ELT 3 (SC)? 4. Whether the Tribunal can allow the exemption under the pretext that the importer may be eligible for duty drawback, when the drawback provisions of Customs Act, 1962 and Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 are not applicable to the i....
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.... duty for the parts exported. 4. We have heard the respective learned counsel for the appellant as well as the respondent. 5. As per the Notification, an importer could claim exemption from payment of duty on the products imported with the corresponding obligation to re-export the finished products. In the event the importer wants to re-export and claim exemption from payment of duty, two conditions must be complied with, namely, (i)the materials are found to be defective or unfit for use and (ii) the claim for re-export must be made within three years from the payment of duty on the imports thereof. The Tribunal has relied upon the decision of the Tribunal, South Zonal Bench at Bangalore in in the case of Kerala Hi-Tech Ind....
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....remittance of 10% CIF value. Under those circumstances, the CESTAT had observed that such re-export was allowable. 7. In the given case, the assessee imported raw material as per the Notification No.93 of 2004, Customs dated 10.9.2004. It is true that the goods so imported cannot be considered to be the goods of the assessee, as the assessee was doing only job work and the ownership remains with foreign company for whose benefit the job work is undertaken. Nevertheless, the importer would be entitled to claim the benefit of exemption from payment of duty only as per the terms of the Notification and not otherwise. Inasmuch as the Notification dated 10.9.2004 entitles re-export only on two contingencies, which we have referred to abo....