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    <title>2017 (5) TMI 1369 - CESTAT  ALLAHABAD</title>
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    <description>Imported goods brought in under the concessional-duty scheme and later re-exported without use were treated as having been taken out of the import stream, so the accounting and recovery mechanism under Rule 8 of the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1966 was not attracted. The later insertion of Rule 7A, which permits re-export of unutilized imported goods, was treated as reflecting the same principle on the facts. As a result, the demand of duty, interest and penalty could not survive and the importer succeeded.</description>
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      <link>https://www.taxtmi.com/caselaws?id=343631</link>
      <description>Imported goods brought in under the concessional-duty scheme and later re-exported without use were treated as having been taken out of the import stream, so the accounting and recovery mechanism under Rule 8 of the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1966 was not attracted. The later insertion of Rule 7A, which permits re-export of unutilized imported goods, was treated as reflecting the same principle on the facts. As a result, the demand of duty, interest and penalty could not survive and the importer succeeded.</description>
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