https://www.taxtmi.com/caselaws?id=100593 Payment of duty on exports to Nepal did not amount to exercise of the option under paragraph 4 of Notification No. 1/93 so as to forfeit exemption for later home-consumption clearances. The clarification treating clearances to Bhutan or Nepal as relevant for computation did not create a legal fiction that converted export clearances into clearances for home consumption. Because exports to Nepal were not covered by paragraph 1 as such, duty payment on those exports could not be treated as an election to forego the benefit of Notifications Nos. 1/93 and 16/93 for subsequent domestic clearances in the same financial year. The denial of exemption was therefore unsustainable. en-us Fri, 06 Jul 2001 00:00:00 +0530 Fri, 03 Feb 2012 13:04:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100593 Payment of duty on exports to Nepal did not amount to exercise of the option under paragraph 4 of Notification No. 1/93 so as to forfeit exemption for later home-consumption clearances. The clarification treating clearances to Bhutan or Nepal as relevant for computation did not create a legal fiction that converted export clearances into clearances for home consumption. Because exports to Nepal were not covered by paragraph 1 as such, duty payment on those exports could not be treated as an election to forego the benefit of Notifications Nos. 1/93 and 16/93 for subsequent domestic clearances in the same financial year. The denial of exemption was therefore unsustainable. Case-Laws Central Excise Fri, 06 Jul 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100593