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2010 (3) TMI 534 - HC - CustomsWarehoused goods - Interest & penalty - The assessee filed an appeal before the CESTAT which appeal came to be allowed by considering the proviso the Section 68 of the Act. It is also relevant to mention in the meanwhile the assessee has challenged the action of the appellant by filing the writ petition under Section 23(2) of the Act which also ended in vain. Challenging the order of the CESTAT, the Revenue has filed this appeal. Held that- Tribunal without considering provision, granted exemption from duty, interest and penalty. Rent stated as paid. Metter remanded to assessing officer to compute interest, penalty and other charges. Exemption from duty can be claimed on relinquishing title to goods.
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