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M/s Jain Irrigation Systems Ltd Versus Commissioner of Centra Excise, Coimbatore

2015 (10) TMI 1336 - CESTAT CHENNAI

Denial of exemption claim - Customs Notification No. 42/96 dated 23.07.96 - Held that:- Goods cleared were used in Drinking water supply project, which is a notified project under the aforesaid notification. The notification has flown under clause (6 .....

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ns enables to hold that the goods cleared by appellant were meant for Drinking water supply project only. The goods so used was certified by the appropriate authority. Therefore in absence of any contrary evidence, the goods cleared by appellant cann .....

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Respondent : Mr M Rammohan Rao, AC (AR) ORDER Per: D N Panda: The precise case of the appellant as argued is that the goods cleared were meant for the purpose of execution of Drinking Water Supply Project in terms of international competitive bidding .....

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eriod December'11 to February'11 and the second notification covers the period March'12 to September'12. According to the mandate of the notifications goods covered by CTH 9801 imported to India, shall be exempted, if used in the drin .....

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ing water supply project as notified by Govt. of India vide Customs Notification No. 42/96 dated 23.07.96 in terms of clause (6) of CTH 9801. It is a fact that the goods cleared were meant for use in Drinking water supply project as certified by the .....

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r different and not meant for Drinking water supply project to execute it. 3. Heard both sides. 4. In view of the aforesaid fundamental dispute in this appeal dispensing pre-deposit, stay application is disposed and appeal itself is taken up for deci .....

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