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2015 (10) TMI 2082 - CESTAT CHENNAIClearance 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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