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2019 (2) TMI 266 - AT - CustomsExpiry of warehousing period - Exemption to specified goods imported for purpose of development of software for export, denied - violation of condition no. 6 of N/N. 138/91- Cus dated 22nd October 1991 - demand of customs duty foregone on capital goods - recovery sought in terms of section 72 of Customs Act, 1962 - Held that:- It is not in dispute that the warehousing period expired in December 1998 and, if the appellant was interested in not extinguishing the privilege of exemption, application for renewal should have been filed. It would appear from the facts and circumstances that the importer appellant had, after ownership had passed on to M/s VSNL, ceased to retain interest in the continued operation of the asset under the exemption notification. The failure to retain status as warehouse for the location of the imported goods compromised this obligation with consequence of duty liability and penalties. There is no valid ground for mitigation or escapement in the appeal of the importer that requires consideration by us. Mere technicalities, cannot overcome the obligations stipulated in law. The claims of the appellant are without sustenance. Appeal dismissed.
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