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    <title>2009 (11) TMI 715 - CESTAT AHMEDABAD</title>
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    <description>Where the applicable export policy permits domestic tariff area clearance of by-products within the prescribed export-linked limit and the required net foreign exchange earning condition is satisfied, concessional duty under the exemption framework is available. The record indicated that the export-linked limit was not disputed and that the net foreign exchange earning requirement had been fulfilled, including confirmation from the Development Commissioner. On that basis, the by-product clearances were treated as covered by the exemption notification, and the duty demand and penalty could not survive.</description>
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      <description>Where the applicable export policy permits domestic tariff area clearance of by-products within the prescribed export-linked limit and the required net foreign exchange earning condition is satisfied, concessional duty under the exemption framework is available. The record indicated that the export-linked limit was not disputed and that the net foreign exchange earning requirement had been fulfilled, including confirmation from the Development Commissioner. On that basis, the by-product clearances were treated as covered by the exemption notification, and the duty demand and penalty could not survive.</description>
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