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2017 (7) TMI 974 - HC - CustomsBenefit of exemption from basic Customs Duty - CVD - case of respondent is that Circular Knitting Machines imported by the petitioner are only (Knitted) Fabric Making Machines and are not required for manufacture of Garments - Held that: - the Hon'ble Supreme Court in the case of Commissioner of Customs, Kolkata Vs. Rupa And Co. Ltd., [2004 (7) TMI 90 - SUPREME COURT OF INDIA] wherein the Hon'ble Supreme Court while considering the similar facts with regard to the textile machinery imported under EPCG scheme defined what would be meant by the term capital goods has held that So long as the imported machinery is used by a person who manufactures garments, which are then used to meet the export obligation, the importer will be entitled to benefit of 100% exemption under the Notification - petition allowed - decided in favor of petitioner.
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