Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
Imported polyester woven fabrics were treated as eligible for nil countervailing duty under an excise exemption notification, because an importer cannot be denied the benefit for non-fulfilment of a condition that is inherently incapable of being satisfied for imported goods, such as non-availment of CENVAT credit. Applying its earlier decision on identical facts, the Tribunal found no infirmity in the appellate order granting the exemption and sustained that order. The Revenue's challenge therefore failed.
Imported polyester woven fabrics were treated as eligible for nil countervailing duty under an excise exemption notification, because an importer cannot be denied the benefit for non-fulfilment of a condition that is inherently incapable of being satisfied for imported goods, such as non-availment of CENVAT credit. Applying its earlier decision on identical facts, the Tribunal found no infirmity in the appellate order granting the exemption and sustained that order. The Revenue's challenge therefore failed.
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