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Issues: Whether clearances made by a 100% Export Oriented Unit to holders of Advance Release Orders under Duty Free Replenishment Certificate were entitled to exemption under Notification No. 125/84-C.E. on the footing that such goods were not "allowed to be sold in India".
Analysis: The clearances to DFRC holders were treated as deemed export under the Export Import Policy and were distinguished from permitted domestic tariff area sales. On that basis, such clearances did not fall within the category of goods allowed to be sold in India. The earlier decisions relied upon by the Tribunal consistently held that goods cleared in this manner qualified for exemption under Notification No. 125/84-C.E., and the contrary view taken below was not accepted.
Conclusion: The clearances were exempt under Notification No. 125/84-C.E., the duty demand was unsustainable, and the related interest and penalty were also set aside in favour of the assessee.