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Issues: Whether the respondents were entitled to concessional customs assessment under Notification No. 160/92 on the basis of the original importation date, despite clearance of the goods in 1994 after exhibition use under the EPCG scheme.
Analysis: The goods were imported for exhibition under Notification No. 157/90 and were later cleared pursuant to an EPCG licence specifically endorsed for the machines in question. The decisive factor was the scope of the licence and the legal position attached to the original importation, not merely the later date of clearance. Since Notification No. 160/92 was in force on the date of importation and the licence covered the goods for that purpose, the respondents were held entitled to the concessional rate. The cited decisions on post-import exemption were found inapplicable on the facts.
Conclusion: The concessional assessment under Notification No. 160/92 was correctly allowed in favour of the respondents.