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2018 (10) TMI 275 - AT - CustomsExtended period of Limitation - EPCG Scheme - benefit of Concessional rate of duty - benefit denied on the ground that the assessee have imported the goods i.e. consumables and since word ‘consumables’ was deleted from the scope of N/N. 97/2004-Cus dated 17.09.2004 by way of amendment through N/N. 72/2007-Cus dated 21.05.2007 - confiscation - recovery of differential duty with penalty, interest etc. Held that:- The respondent have obtained the EPCG license wherein the description of goods was clearly declared as consumables. The bills of entry also bear the same description. The objection by the department is not on the basis of the material fact but on the interpreting of Notification No. 97/2004-Cus. It was clear to all that the word consumables was deleted in the exemption entry under EPCG Scheme, therefore, there is no mis-declaration or suppression of fact on the part of the respondent. This case is solely on the interpretation of the word interpreting of exemption entry of capital goods in the Notification 97/2004-Cus dated 18.09.2004. Moreover the Revenue in its appeal has not made any ground on the issue of limitation which appears that the Revenue has given up the issue of limitation, therefore, the demand is clearly hit by limitation. Appeal dismissed - decided against Revenue.
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