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    <title>2017 (10) TMI 1072 - CESTAT KOLKATA</title>
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    <description>Notification No. 158/95-Cus was treated as a conditional exemption for re-export of re-imported goods, requiring strict compliance with every prescribed condition. Examination in the presence of the Assistant Commissioner or Deputy Commissioner was held mandatory, so examination by a lower officer did not satisfy the notification. The record also failed to show proper declaration of the consignment as a re-export after re-import, and the identity of the goods was not established. Because exemption notifications must be strictly construed and their conditions exactly fulfilled, non-observance of these requirements defeated the exemption. The appellant was therefore not entitled to the benefit of the notification, and the demand, confiscation, redemption fine, interest, and penalty were sustained.</description>
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      <title>2017 (10) TMI 1072 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=349917</link>
      <description>Notification No. 158/95-Cus was treated as a conditional exemption for re-export of re-imported goods, requiring strict compliance with every prescribed condition. Examination in the presence of the Assistant Commissioner or Deputy Commissioner was held mandatory, so examination by a lower officer did not satisfy the notification. The record also failed to show proper declaration of the consignment as a re-export after re-import, and the identity of the goods was not established. Because exemption notifications must be strictly construed and their conditions exactly fulfilled, non-observance of these requirements defeated the exemption. The appellant was therefore not entitled to the benefit of the notification, and the demand, confiscation, redemption fine, interest, and penalty were sustained.</description>
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      <pubDate>Tue, 22 Aug 2017 00:00:00 +0530</pubDate>
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