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2018 (3) TMI 518 - AT - CustomsInterpretation of N/N. 21/2002-Cus dated 1.3.2002 - It stands contended that M/s Hyderabad Growth Corridor Ltd. is Road Construction Corporation under the control of the State of Andhra Pradesh and the findings of the original adjudicating authority that the said Hyderabad Growth Corridor Ltd. is not under the control of State Government is based upon wrong appreciation of the Memorandum of Association. Held that: - The reasoning of the adjudicating authority that importer did not bring the relevant fact of the Hyderabad Growth Corridor Ltd., not being specified agency in the notification, before the assessing officer, would amount to fraudulent exercise, thus enabling the Revenue to initiate the proceedings by invoking the longer period of limitation does not appeal to us inasmuch as admittedly the fact that the order stand placed upon them by Hyderabad Growth Corridor Ltd. was placed before the assessing authority. If the Revenue intended to further investigate the matter, they were well within the power and jurisdiction to call for the Memorandum of Association and Article of Association of Hyderabad Growth Corridor Ltd. The fact that such Memorandum of Association was not placed before the authority cannot amount to any mala fide on their part in the absence of any requirement or obligation by law to place such Memorandum of Association before the assessing authority. Demand is barred by time limitation - appeal allowed - decided in favor of appellant.
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