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2022 (1) TMI 470 - HC - Customs100% EOU - Inter-unit transfer of goods - main ground urged by the Revenue that the condition of the notification for not using the capital goods on inter unit transfer was not complied with, cannot be countenanced since the said imported goods were undisputedly used by the importer M/s Verifone India Pvt. Ltd., from 1990-2001 till the merger of the respondent – company with M/s Verifone India Pvt. Ltd. - time limitation - HELD THAT:- It is well settled that all notifications are prospective in nature, in the absence of giving any retrospective effect specifically, no retrospective effect could be given to the exemption notifications - Secondly, the assertion of the department that no warehousing period was extended for the goods in consideration is also held to be unjustifiable, warehousing licence granted to the respondent is examined by the CESTAT and is held to be in accordance with Circular No.7/2005-Cus, dated 14.2.2005. Time limitation - HELD THAT:- The demand made by the revenue is not tenable. Having regard to these factors which, more or less relates to the factual aspects of the matter, the finding given by the fact finding authority – CESTAT cannot be held to be perverse or arbitrary. Appeal dismissed.
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