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    <title>2010 (7) TMI 714 - GOVERNMENT OF INDIA, MINISTRY OF FINANCE</title>
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    <description>Duty-free packing materials procured under Rule 19(2) of the Central Excise Rules, 2002 barred drawback where the export goods were manufactured using such inputs, because the drawback scheme and related notifications exclude exports made with imported or excisable materials on which duty was not paid. Later payment of duty and interest did not cure the breach of the drawback condition, and All Industry Rate drawback remained inadmissible. The drawback rules were treated as a self-contained scheme, so recovery of sanctioned drawback and interest could proceed without first setting aside the shipping bill assessments through a separate challenge. The revision applications therefore failed and the recovery action was sustained.</description>
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      <description>Duty-free packing materials procured under Rule 19(2) of the Central Excise Rules, 2002 barred drawback where the export goods were manufactured using such inputs, because the drawback scheme and related notifications exclude exports made with imported or excisable materials on which duty was not paid. Later payment of duty and interest did not cure the breach of the drawback condition, and All Industry Rate drawback remained inadmissible. The drawback rules were treated as a self-contained scheme, so recovery of sanctioned drawback and interest could proceed without first setting aside the shipping bill assessments through a separate challenge. The revision applications therefore failed and the recovery action was sustained.</description>
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