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    <title>2008 (1) TMI 742 - CESTAT, KOLKATA</title>
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    <description>Exemption under Notification No. 108/95-C.E. was held to remain conditional until the post-clearance requirement of supply for use in a project financed by an approved international organization was actually satisfied. The certification obtained from public authorities did not extinguish that substantive obligation, so duty and interest were confirmed and the limitation defence failed. On penalty, the same certification was treated as a mitigating factor, and the penalty was set aside on a lenient view of the facts. The exemption claim therefore failed as to duty and interest, but succeeded in removing the penal consequence.</description>
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      <link>https://www.taxtmi.com/caselaws?id=123309</link>
      <description>Exemption under Notification No. 108/95-C.E. was held to remain conditional until the post-clearance requirement of supply for use in a project financed by an approved international organization was actually satisfied. The certification obtained from public authorities did not extinguish that substantive obligation, so duty and interest were confirmed and the limitation defence failed. On penalty, the same certification was treated as a mitigating factor, and the penalty was set aside on a lenient view of the facts. The exemption claim therefore failed as to duty and interest, but succeeded in removing the penal consequence.</description>
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