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2012 (5) TMI 455

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....d the respondent is a 100% EOU and had exported goods for display at Fair Singapore 2006 on returnable basis. The respondents have imported these goods through ICD Concor, Jodhpur and filed bill of entry No. 006/2007-07 dated 21-4-06 claiming clearance without payment of duty in terms of para 2.29 of Handbook of Procedure of Foreign Trade Policy 2004-09. The benefit of exemption from customs duty was not extended by the impugned order on the grounds that there is no notification issued under Section 25 of the Customs Act, 1962 which exempts such re-import from customs duties as claimed by the respondents being an 100% EOU. Accordingly the ' Assistant Commissioner confirmed the duty of Rs. 1,80,548/- in respect of the said re-imported goods.....

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....acture' includes the process of blending of any goods or making alteration or any other operation thereon, since the clearances for export under bond by the 100% EOU is under rule 13, the said Explanation will be applicable to the present case. Thus the term 'manufacture' for the purposes of export is wider in meaning than that used in section 2(f) of the Central Excise Act, 1944 and 'galvanising will amount to 'manufacture' in terms of the Explanation above. 5. Hence, it is clarified that a broader view is called for in respect of the interpretation of the provisions of notification No. 1/95-C.E. and the exemption may not be restricted only to cases where 'manufacture' under section 2(f) of Central Excise Act is involved. It is cla....