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Provisional assessment finalisation must precede export duty recovery, while redemption fine fails for goods already exported and unavailable for conf...
The appellant filed a shipping bill and paid export duty on iron ore fines on 05.12.2008, before the issuance of Notification No. 129/2008-Cus dated 07.12.2008 granting exemption. As per Section 51 read with Section 16(1)(a) of the Customs Act, 1962 and the Bombay HC judgment in Narayan Bandekar & Sons Pvt. Ltd., the relevant date for duty determination is the date of order u/s 51, i.e., 05.12.2008. Since the notification came later, the appellant is not entitled to the exemption benefit. The CESTAT dismissed the appeal.
The appellant filed a shipping bill and paid export duty on iron ore fines on 05.12.2008, before the issuance of Notification No. 129/2008-Cus dated 07.12.2008 granting exemption. As per Section 51 read with Section 16(1)(a) of the Customs Act, 1962 and the Bombay HC judgment in Narayan Bandekar & Sons Pvt. Ltd., the relevant date for duty determination is the date of order u/s 51, i.e., 05.12.2008. Since the notification came later, the appellant is not entitled to the exemption benefit. The CESTAT dismissed the appeal.
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