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    <title>2003 (9) TMI 489 - CESTAT, MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=108001</link>
    <description>Duty-free input procurement was available where made-up textile articles were exported directly from the manufacturer&#039;s factory through merchant-exporters, and the export was duly proved. The Ministry&#039;s clarification covered this factual situation and confirmed that procurement without payment of duty was admissible in such direct-export cases. The adjudicating authority was therefore expected to apply the clarification; the contrary confirmation of duty demand and equal penalty was unsupported. On that basis, the assessee was held entitled to the benefit of Notification No. 43/2001-C.E. (N.T.), and the demand and penalty could not be sustained.</description>
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    <pubDate>Tue, 23 Sep 2003 00:00:00 +0530</pubDate>
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      <title>2003 (9) TMI 489 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=108001</link>
      <description>Duty-free input procurement was available where made-up textile articles were exported directly from the manufacturer&#039;s factory through merchant-exporters, and the export was duly proved. The Ministry&#039;s clarification covered this factual situation and confirmed that procurement without payment of duty was admissible in such direct-export cases. The adjudicating authority was therefore expected to apply the clarification; the contrary confirmation of duty demand and equal penalty was unsupported. On that basis, the assessee was held entitled to the benefit of Notification No. 43/2001-C.E. (N.T.), and the demand and penalty could not be sustained.</description>
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      <pubDate>Tue, 23 Sep 2003 00:00:00 +0530</pubDate>
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