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2018 (3) TMI 745

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..... Rules 2004 is restricted to goods that are cleared for export or such as are deemed to have been exported under the Foreign Trade Policy or any other enactment. In so far as Special Economic Zone Act 2005 is concerned there is no distinction between supply of the goods to a unit or to a developer. Penalty u/s 11AC - Held that: - The decision of the Hon'ble High Court of Andhra Pradesh in the c .....

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..... ise (Appeals), Mumbai II for having set aside the demand confirmed by the original authority. The issue pertains to demand of 10% of value of the goods cleared to the developer of a Special Economic Zone (SEZ) by invoking of rule 6(3) read with rule 14 of CENVAT Credit Rules, 2004 for non-maintenance of separate records of inputs/input service used in common for manufacturing of dutiable goods an .....

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..... records of input/input services used in common for supplies to developers of Special Economic Zones and other customer is mandatory. The exclusion provision in rule 6 of CENVAT Credit Rules 2004 is restricted to goods that are cleared for export or such as are deemed to have been exported under the Foreign Trade Policy or any other enactment. In so far as Special Economic Zone Act 2005 is concerne .....

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