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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether goods exported under bond can be treated as duty paid clearances for the purpose of computing the exemption under Notification No. 48/77-C.E. dated 1-4-1977.
Analysis: The notification exempted samples of medicaments up to 4% of the total duty paid clearances of medicines during the preceding month and did not exclude exported medicines from the computation. Since exports under claim of rebate were already taken into account by the lower authorities, exports under bond were held to stand on the same footing. As no duty was required to be paid on such exports, they could be treated as duty paid clearances for the notification.
Conclusion: Yes. Goods exported under bond are permissible to be treated as duty paid clearances for the purpose of Notification No. 48/77-C.E. dated 1-4-1977, and the appellants were entitled to the exemption benefit.
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