https://www.taxtmi.com/caselaws?id=451214 CESTAT Ahmedabad held that a 100% EOU cannot be denied exemption benefits under Notification No. 52/2003-Cus for excess generation of waste and scrap. Following precedent from Meridian Impex case and Gujarat HC's Monarch Overseas decision, the tribunal ruled that segregated scrap clearance doesn't constitute input clearance. Chapter 6 of Foreign Trade Policy doesn't mandate duty payment equivalent to proportionate imported raw material for excess waste generation. The only restriction is full duty payment on excess waste clearance, which appellant had already paid. Appeal allowed with consequential relief. en-us Thu, 21 Mar 2024 00:00:00 +0530 Fri, 06 Sep 2024 14:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=451214 CESTAT Ahmedabad held that a 100% EOU cannot be denied exemption benefits under Notification No. 52/2003-Cus for excess generation of waste and scrap. Following precedent from Meridian Impex case and Gujarat HC's Monarch Overseas decision, the tribunal ruled that segregated scrap clearance doesn't constitute input clearance. Chapter 6 of Foreign Trade Policy doesn't mandate duty payment equivalent to proportionate imported raw material for excess waste generation. The only restriction is full duty payment on excess waste clearance, which appellant had already paid. Appeal allowed with consequential relief. Case-Laws Customs Thu, 21 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=451214