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    <title>2006 (4) TMI 391 - CESTAT, MUMBAI</title>
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    <description>The dispute was treated as one concerning valuation and the applicable duty rate for export goods, not a mere rebate issue under the Central Excise Rules. The record noted that the goods were cleared on full duty for export, while identical goods for home consumption were cleared at a concessional rate under Notification No. 10/03-C.E.; the Revenue&#039;s objection was that the export clearances should also have taken the concessional rate. On that basis, rebate was viewed only as a consequence of the principal valuation controversy, and the earlier dismissal for non-maintainability was recalled.</description>
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      <description>The dispute was treated as one concerning valuation and the applicable duty rate for export goods, not a mere rebate issue under the Central Excise Rules. The record noted that the goods were cleared on full duty for export, while identical goods for home consumption were cleared at a concessional rate under Notification No. 10/03-C.E.; the Revenue&#039;s objection was that the export clearances should also have taken the concessional rate. On that basis, rebate was viewed only as a consequence of the principal valuation controversy, and the earlier dismissal for non-maintainability was recalled.</description>
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