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    <title>2010 (5) TMI 791 - GOVERNMENT OF INDIA</title>
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    <description>On a plain and harmonious reading of the Customs Act, 1962 and Notification No. 94/96-Cus., the amount recovered from an exporter on re-import was treated as customs duty paid on importation where the goods had earlier been exported under drawback. That recovered amount therefore fell within Section 74(1), entitling the importer to drawback at 98% of the duty paid back on re-import. The notification was construed as exempting only the duty in excess of the amount specified in its table, and the interpretation was reinforced by the Board&#039;s clarification and the requirement that the statutory text and circulars be applied as written.</description>
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      <link>https://www.taxtmi.com/caselaws?id=170597</link>
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