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2015 (10) TMI 2128

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..... power status certificate is given on 16th January, 2012 – Held That:- Warehoused goods in private warehouse with permission of Respondents under Section 58 is exempted from payment of customs duty; there is valid period of exemption upto 15th January, 2017 - Respondents directed not to seize the warehoused goods till the next date of hearing. - I.A. No. 848 of 2015 In W.P.(T) No. 521 of 2015 - .....

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..... exemption initially was upto 36 months, but, by virtue of the amendment dated 17th April, 2014, the said exemption is valid for 60 months i.e. upto 15th January, 2017 for this petitioner because the certificate was given on 16th January, 2012. This certificate is known as provisional mega power status certificate . Thus, the goods imported are exempted goods from the payment of customs duty unde .....

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..... ension of the time limit beyond the period of one year for retaining the goods in warehouse. It is argued in detail by the counsel for the petitioner that necessary applications were preferred in advance, initially before Commissioner of Customs and thereafter, before Chief Commissioner of Customs. Last application preferred before the Chief Commissioner Customs is dated 22nd October, 2013, which .....

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..... f the case especially: (a) looking to Central Government notification dated 17th March, 2012, which is at Annexure 2 bearing Notification No.12/2012 Customs; (b) looking to the validity of exemption from the payment of the customs duty upon the capital goods imported by the petitioner upto 15th January, 2017 because provisional mega power status certificate is given on 16th January, 2012 .....

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