Expression allowed to be sold cannot be interpreted as the compulsory condition that goods must be actually sold

Brief of the case:

• The Hon’ble Supreme Court in the case of Nestle India Ltd. held that partial exemption available under exemption notifications does not require assessee to clear the goods by way of sale only because in the notification expression “allowed to be sold” has been used which implies that goods cleared should only be those which are allowed to be sold in India as per EXIM policy.
• Therefore, in the present case assessee was entitled to claim benefit under the notification even if the goods not actually sold and only captively consumed.

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