TMI Blog1999 (7) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... fit has not been given to the deemed exporter. It is stated that the Foreign Trade Development and Regulation Act, 1992 covers the regulation of import and export under which the policies are framed from time to time. Under the Policy issued for 1992-97, hand book of procedure has also been issued. A licence is issued in respect of export obligation, and the policy under Chapter 7 covers actual export as well as deemed export. There is no distinction between the two. Deemed export has been defined under Chapter 10 of the policy in Para 120, according to which the transaction in which the goods supplied do not leave the country and the payment of goods is supplier earned or saved foreign exchange for the country. Certain benefits have also b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... change is earned. Goods are to be supplied in India only to designated projects authorities. 2. Customs Customs inspect the goods Project authority certifies the nature of goods. 3. Duty Free Allowed under Advance Licences Allowed under Special imprest Licences. 4. Export Earned in Foreign exchange. May be earned in rupees. 5. Pricing Competes with the whole world At an advantage foreigners may not find the supply lucrative. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Government to issue the notification to permit export of excisable goods in bond without payment of duty for removal of the excisable material without payment of duty. The word used in the rule is export . In the case of deemed export it is not necessary the goods should be exported outside India as is clear from the definition given, in Para 120. There is no provision under Rule 13 of the Central Excise Rules, 1944 for granting the exemption in respect of deemed export and it is for the rule making authority to grant or not to grant such exemption. Directions to that effect cannot be given by the Court. The export and deemed export are two different concepts and exporter and deemed exporter constitute different categories or c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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