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Issues: Whether the benefit of Notification No. 108/95-CE was available to supplies of cement made to a project approved by the Government of India and financed by the International Development Association.
Analysis: The exemption covered goods supplied to projects approved by the Government of India and financed by the World Bank or any other international organization. The project in question was admittedly approved by the Government of India and financed by the International Development Association, which was treated as a constituent of the World Bank. The issue was already settled by prior Tribunal decisions holding that supplies to projects financed by the International Development Association satisfy the notification conditions and qualify for exemption.
Conclusion: The exemption under Notification No. 108/95-CE was available to the assessee.