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2007 (2) TMI 478 - AT - Customs

Issues involved: Common issue of non-payment of customs duty on imported raw material used in manufacturing goods for export.

The appellant imported acrylic fibre without duty payment under advance licence for manufacturing goods to be exported. The chemical examiner's report showed discrepancies in the composition of the exported goods compared to the declaration by the appellant. A show-cause notice was issued for customs duty on raw material not used in the exported goods.

The appellant contended that retesting of the sample was denied and only one bale was sampled, raising concerns about the accuracy of the examination.

The appellant availed benefits of duty exemption under notification for importing raw material to be used in manufacturing goods for export. The condition required all imported raw material to be used in the exported goods. The appellant's request for retesting was deemed insufficient, as they did not request cross-examination of the chemical examiner. The appellant's failure to demonstrate the use of imported raw material for the intended purpose led to the dismissal of the appeals.

Separate Judgment: No separate judgment mentioned in the provided text.

 

 

 

 

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