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2015 (10) TMI 1095 - AT - CustomsDemand of Duty Textile Machinery imported - Assessee contends that ownership of machinery is with M/s TFL as per Hire-Purchase agreement, they are liable to pay duty Machine removed under a Court order and not deliberately M/s Vampex purchased the machine and hence liable to pay duty and assessee is further liable to claim depreciation on duty demanded. Revenue contended that assessee is only liable to pay duty and depreciation granted is on the higher side. Held That:- Liability to pay duty arises from bond executed by assessee with Department obliging to abide by the conditions in Notification - Section 142 inserted by Act No. 23 of 2004 holds that successor of defaulter would also be held liable; M/s Vampex are also liable to pay the dues Depreciation rate charged by the authority is not to be interfered with Appeal dismissed partly in favour of the Revenue.
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