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    <title>2004 (7) TMI 417 - CESTAT, MUMBAI</title>
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    <description>Clearances by a 100% EOU under Para 9.10(b) of the EXIM Policy were treated as distinct from ordinary DTA sales and, on a prima facie view, as falling within the exemption for EOU supplies under Notification No. 125/84-C.E. The analysis relied on prior appellate orders holding that no Central Excise duty was chargeable on such supplies and on the Supreme Court&#039;s construction of &quot;allowed to be sold&quot; as limited to the 25% DTA sale quota. On that basis, the duty demand and penalties under Rules 209 and 209A were held unsustainable at the interim stage, and waiver of pre-deposit with stay of recovery was granted pending the appeals.</description>
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    <pubDate>Fri, 16 Jul 2004 00:00:00 +0530</pubDate>
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      <title>2004 (7) TMI 417 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=112221</link>
      <description>Clearances by a 100% EOU under Para 9.10(b) of the EXIM Policy were treated as distinct from ordinary DTA sales and, on a prima facie view, as falling within the exemption for EOU supplies under Notification No. 125/84-C.E. The analysis relied on prior appellate orders holding that no Central Excise duty was chargeable on such supplies and on the Supreme Court&#039;s construction of &quot;allowed to be sold&quot; as limited to the 25% DTA sale quota. On that basis, the duty demand and penalties under Rules 209 and 209A were held unsustainable at the interim stage, and waiver of pre-deposit with stay of recovery was granted pending the appeals.</description>
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      <pubDate>Fri, 16 Jul 2004 00:00:00 +0530</pubDate>
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