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The facility of Advance Licence for Intermediate Supplies would be granted against invalidation of Advance licences for physical exports issued before 01.04.2002 even in case where the intermediate supplier has supplied or intends to supply the material subsequent to the fulfilment of the export obligation by the ultimate exporter holding the Advance Licence as per the provisions of para 4.13 of the Handbook of Procedures (Vol 1). This issues with approval of Director General of Foreign Trade.
The principal notification was published in the Gazette of India vide notification No. 62/94-Customs (NT), dated the 21st November, 1994 [S.O.829 (E), dated the 21st November, 1994] and last amended by notification No. 46/2001-Customs (NT), dated the 26th September, 2001.
The ratio of the above judgement of the constitution bench of the Supreme Court is squarely applicable in the present case. As in the instant case, the subject goods have not suffered any Additional Excise Duty leviable
