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2015 (10) TMI 2082 - AT - CustomsClearance of goods under Status Holder Incentive Scheme Benefit of Notification No. 104/2009 Appellants imported titanium sheets for clearance under Status Holder Incentive Scheme (SHIS) claiming benefit of Notification No. 104/2009 Adjudicating authority denied benefit of notification on ground that titanium sheets are not capital goods but confirmed amount under section 28(2) of Customs Act, 1962 Commissioner set aside order of adjudicating authority and allowed appeal of respondent Held that:- licensing authority had issued EPCG licenses to appellant for import of said product It is evident that list of items given in list include titanium sheets, titanium rod, titanium tube/pipe etc. under EPCG licence No dispute on fact that appellant is actual user and imported goods are used in chemical industry In respect of import of capital goods they are governed by FTP and once licensing authorities include any item as capital goods, same is to be allowed by customs Therefore, lower authority in impugned order rightly held titanium sheets are capital goods covered under capital goods definition and same is eligible under SHIS scrip under Notification No. 104/2009 Therefore, impugned titanium sheets imported under SHIS are eligible for exemption Decided in favour of Assesse.
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