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    <title>2014 (7) TMI 1015 - CESTAT NEW DELHI</title>
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    <description>Advance DTA clearances by a 100% EOU under para 6.8(k) of the Foreign Trade Policy were held prima facie not to qualify for concessional duty under Notification No. 23/2003-C.E. because the notification was read as limited to DTA clearances under other specified sub-paras and exemption conditions had to be strictly satisfied. The Tribunal also noted that the DTA goods and exported goods were prima facie different, and that the value-based entitlement could not be worked out in advance against future exports. On the stay application, the appellant did not establish a sufficient prima facie case for complete waiver of pre-deposit, including on limitation, so conditional deposit was directed with interim protection for interest and penalty.</description>
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      <link>https://www.taxtmi.com/caselaws?id=249979</link>
      <description>Advance DTA clearances by a 100% EOU under para 6.8(k) of the Foreign Trade Policy were held prima facie not to qualify for concessional duty under Notification No. 23/2003-C.E. because the notification was read as limited to DTA clearances under other specified sub-paras and exemption conditions had to be strictly satisfied. The Tribunal also noted that the DTA goods and exported goods were prima facie different, and that the value-based entitlement could not be worked out in advance against future exports. On the stay application, the appellant did not establish a sufficient prima facie case for complete waiver of pre-deposit, including on limitation, so conditional deposit was directed with interim protection for interest and penalty.</description>
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