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    <title>2018 (6) TMI 1654 - CESTAT MUMBAI</title>
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    <description>Supplies made to a SEZ developer were treated as exports under the SEZ Act, 2005, which was applied as having overriding effect over the Cenvat Credit Rules, 2004. On that basis, Rule 6 did not apply to such clearances, and a demand for 10% of the value of the supplies under Rule 6(3) with consequential recovery could not be sustained. The issue was decided in favour of the assessee because the goods were cleared to the SEZ developer without payment of duty under the ARE-1 procedure.</description>
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      <description>Supplies made to a SEZ developer were treated as exports under the SEZ Act, 2005, which was applied as having overriding effect over the Cenvat Credit Rules, 2004. On that basis, Rule 6 did not apply to such clearances, and a demand for 10% of the value of the supplies under Rule 6(3) with consequential recovery could not be sustained. The issue was decided in favour of the assessee because the goods were cleared to the SEZ developer without payment of duty under the ARE-1 procedure.</description>
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