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    <title>2009 (9) TMI 402 - CESTAT, NEW DELHI</title>
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    <description>Instant tea powder was treated as a variety of tea under the Tea Act, so cess was leviable on it; the 100% EOU exemption for excise duty could not be expanded to cover cess levied under a different statute, and export policy or departmental clarification did not create a statutory exemption. The demand for the period covered by the show cause notice dated 2 March 2001 was time-barred because an earlier notice had already been issued on the same cause of action, though later-month demands in the continuing proceedings were not barred. Penalty was not justified because the dispute arose from interpretation of the levy and exemption provisions without intent to evade.</description>
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      <link>https://www.taxtmi.com/caselaws?id=76309</link>
      <description>Instant tea powder was treated as a variety of tea under the Tea Act, so cess was leviable on it; the 100% EOU exemption for excise duty could not be expanded to cover cess levied under a different statute, and export policy or departmental clarification did not create a statutory exemption. The demand for the period covered by the show cause notice dated 2 March 2001 was time-barred because an earlier notice had already been issued on the same cause of action, though later-month demands in the continuing proceedings were not barred. Penalty was not justified because the dispute arose from interpretation of the levy and exemption provisions without intent to evade.</description>
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