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2010 (12) TMI 1020 - AT - CustomsDuty demand - Import - inadmissible exemption availed by the appellant - goods assessed to duty at the time of import in terms of Notification No. 13/81-Cus., dated 9-2-1981 and 123/81-C.E., dated 2-6-1981 on the strength of appropriate certificate of sponsoring authority. goods warehoused for manufacture in bond. At the time of issue of show-cause notice in 1998, the goods were lying in the warehouse - Held that:- Demand cannot be raised on warehoused goods unless they are removed from the warehouse. These were de-bonded in 2002. There is no proposal in the show-cause notice to invoke the provisions of Section 72 of the Customs Act invoked by the Commissioner in the impugned order, interest cannot be demanded on the warehoused goods in view of Notification No. 67/95-Cus. (N.T.) dated 1-11-1995 exempting interest accrued on the customs duty payable on the warehoused goods. Thus vacate the demand and allow this appeal.
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