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TMI Blog2013 (4) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) TMI 6 - SUPREME COURT OF INDIA) In these circumstances, as the goods are to be treated as deemed export which were cleared to the International Competitive Bidding and financed by the International Development Association - Prima facie - we find that the amount already deposited by the applicant is sufficient for hearing of the appeal and pre-deposit of remaining dues are waived for hearing of the appeal - Applicants are directed to keep the Bank Guarantee of Rs. 1 crore alive during the pendency of the appeal - Stay petition is allowed as indicated above. - E/1574/2011-Mum - Stay Order No. S/959/2012-WZB/C-II(EB) - Dated:- 14-3-2012 - Shri S.S. Kang and Sahab Singh, JJ. Shri M.H. Patil, Advocate, for the Appellant. Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ject under International Competitive Bidding or similar procedure where ICB or similar procedure have been authorized by the Central Government. 4. The contention is that before the International Competitive Bidding the applicant seeks permission from the Development Commissioner and Development Commissioner s letters dated 5-10-1993 and 26-4-1994 allowed the applicant to make clearances against the International/Competitive Bidding and also clarified that these are no duties leviable for such supplies. The applicant also approached the Ministry of Commerce vide letter dated 19-9-1994 and 6-10-1994, Ministry clarified that such clearances are exempted from payment of duty. The contention is that, in view of the relevant Import Export Poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present case the DGFT has granted permission under para 103(a) of the Policy which is not covered under the benefit of Notification No. 101/93-C.E. 7. The admitted facts of the case are that the applicants are a 100% EOU and they cleared the goods without payment of duty to DTA under Global Tender Condition as provided under para 103 of the Policy. Further, we find that as per the Import Export Policy under Chapter X in paragraph 121 the supply of goods to the projects under International Competitive Bidding (ICB) or similar procedure are to be treated as deemed export. In these circumstances, as the goods are to be treated as deemed export which were cleared to the International Competitive Bidding and financed by the International Dev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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