Deemed Exports Allowed Under Notification No. 44/2001-C.E(N.T)
The appellant, an advance licence holder, procured intermdiate goods without payment of duty from another advance licence holder under Notification No. 44/2001-C.E (N.T) dated 26.06.2001 as amended by 23/2009 -C.E (N.T) dated 25.09.2009 . The manufactured goods out of the same was cleared to ICB against Notification No. 108/95-CE dated 28.08.95 . Dispute The revenue disputed that the duty free procurement of intermediate goods under Notification No. 44/2001-C.E (N.T) dated 26.06.2001 required the final manufactured goods to be physically exported out of India and it does not cover deemed exports under Para 8.3 (C) of FTP . Tribunal Honourable CESTAT held the following :
The removal of intermediate goods without payment of duty, for manufacture and deemed export in terms of Para 8.3 (C) of policy is allowed .
It also held that a proviso to a Notification has to be read harmoniously , otherwise, the proviso inserted therein by amending notification would be nugatory and meaningless.
The litigation of M/s Techfab India Industries Limited was handled by Shri Anandaday Misshra, Advocate . it is reported in