Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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For capital goods warehoused for manufacture or other operations, the requirement that goods be "intended for use" does not require actual installation or use in the warehouse. The notes distinguish intended use from actual use and state that, where imported goods were undisputedly intended for manufacturing operations, their later clearance for home consumption without use did not by itself attract interest on deferred customs duty. On that basis, the interest demand was treated as unsustainable, the challenged order was set aside, and consequential relief followed.
For capital goods warehoused for manufacture or other operations, the requirement that goods be "intended for use" does not require actual installation or use in the warehouse. The notes distinguish intended use from actual use and state that, where imported goods were undisputedly intended for manufacturing operations, their later clearance for home consumption without use did not by itself attract interest on deferred customs duty. On that basis, the interest demand was treated as unsustainable, the challenged order was set aside, and consequential relief followed.
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