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    <title>2025 (12) TMI 1382 - CESTAT KOLKATA</title>
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    <description>The dominant issues were whether goods supplied to a Mega Power Project by a sub-contractor were eligible for exemption under Sl. No. 336 of Notification No. 12/2012-CE and whether the demand could invoke the extended period. The Tribunal held that supplies made pursuant to ICB-linked tenders for setting up a mega power project are classifiable under CTH 9801, and where the Project Authority Certificate specifically identifies the supplier as sub-contractor and certifies end-use for the project, exemption cannot be denied; the impugned denial was set aside and the appeal allowed on merits. It further held that, since duty-free clearances were disclosed in monthly returns, suppression was not established, so the extended-period demand was time-barred and was quashed.</description>
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    <pubDate>Wed, 24 Sep 2025 00:00:00 +0530</pubDate>
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      <title>2025 (12) TMI 1382 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=783842</link>
      <description>The dominant issues were whether goods supplied to a Mega Power Project by a sub-contractor were eligible for exemption under Sl. No. 336 of Notification No. 12/2012-CE and whether the demand could invoke the extended period. The Tribunal held that supplies made pursuant to ICB-linked tenders for setting up a mega power project are classifiable under CTH 9801, and where the Project Authority Certificate specifically identifies the supplier as sub-contractor and certifies end-use for the project, exemption cannot be denied; the impugned denial was set aside and the appeal allowed on merits. It further held that, since duty-free clearances were disclosed in monthly returns, suppression was not established, so the extended-period demand was time-barred and was quashed.</description>
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      <pubDate>Wed, 24 Sep 2025 00:00:00 +0530</pubDate>
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