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2015 (12) TMI 1480 - CESTAT AHMEDABADImport of materials for the manufacture of Heart Valve Prosthesis - claim of exemption - Suppression of facts - Imposition of equivalent penalty - Held that:- Dept. issued show cause notices on the same items in earlier period within the normal period. So, the Department was aware of the import of these items. It is noticed that the appellant claimed exemption benefit in respect of the entire consignment and out of that about ₹ 68 lacs, the Adjudicating Authority dropped the demand. Hence, the findings of the Adjudicating authority on suppression of the fact in respect of the balance amount cannot be sustained. It is a case of claim of exemption notification. - demand of duty alongwith interest is set aside, as barred by limitation. The penalties imposed on both the appellants are also set aside - Decided in favour of assessee.
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