Denial of exemption benefits under Notifications 30/2004-CE and 23/2003-CE for clearances of finished...

Denial of exemption benefits under Notifications 30/2004-CE and 23/2003-CE for clearances of finished goods into the Domestic Tariff Area (DTA) by a 100% Export Oriented Unit (EOU). The appellant imported raw materials and also procured domestically for manufacturing finished goods exported and cleared to DTA. The demand pertained to differential duty on DTA clearances by availing concessional rates, considering exemption from excise duty portion. The Tribunal examined conditions under the notifications, finding the appellant eligible for exemption under Sr. No. 4 of Notification 23/2003-CE as imported raw materials were not used for DTA clearances. Denial of Sr. No. 3 benefit was incorrect as the appellant maintained separate records, ensu..... .....

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