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Issues: Whether Education Cess was leviable on imports cleared duty free under the DEPB scheme.
Analysis: The imports were made under the DEPB scheme and had been assessed duty free under the applicable exemption notification. The Tribunal followed its earlier view that, on a proper reading of the Finance Act, 2004 and the relevant clarification, Education Cess is not chargeable where the underlying imports are fully exempted under the DEPB mechanism.
Conclusion: The levy of Education Cess on the exempted DEPB imports was held to be unsustainable, and the assessee succeeded.