EXEMPTION allowed or NOT

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INDIRECT TAX (CUSTOM & EXCISE)

Q. An importer imported certain inputs for manufacture of final product. A small portion of the

imported inputs were damaged in transit and could not be used in the manufacture of the final

product. An exemption notification was in force providing exemption in respect of specified

raw materials imported into India for use in manufacture of specified goods, which was

applicable to the imports made by the importer in the present case. Briefly examine whether

the importer could claim the benefit of the aforesaid notification in respect of the entire lot of

the inputs imported including those that were damaged in transit.

please give logic & section reference for your answer ?

Replies (1)

an importer can claim full exemption only if goods are damaged due normal loss that is due due nature of goods and it very small percentage of total goods .

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