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2013 (9) TMI 176 - AT - CustomsNature of activity - Whether the imported capital goods should be directly put to use to earn foreign exchange or even indirect use was sufficient – Held that:- Differing views had been expressed on the issue taking into account the facts and circumstances of each case - what should be correct interpretation of the customs notification in the facts of the instant case had to be decided which can be done only at the time of final disposal of the case - the Customs authorities issued notice on the ground that the assesse violated the conditions of Notification No. 55/2003-Cus. and the provisions of EXIM policy 2002-07 on the ground that the imported car was not used for tourism purposes and thereby earning foreign exchange directly from the use of the aforesaid car. Demand of differential duty – Confiscation of goods u/a 111(d) and 111(o) – Penalty u/s 114A – Waiver of pre deposit - Held that:- Assesse had already deposited the differential duty at the time of investigation – Assesse had made out a prima facie case for waiver of pre-deposit of balance amount of dues and interest on the duty and fine and penalty imposed on the main assesse and penalty imposed on the co-assesse – waiver of balance pre deposit allowed – decided in favor of assesse.
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