CESTAT held that the appellant's disposal of two non-motorable...

CESTAT held that the appellant's disposal of two non-motorable vehicles as scrap does not constitute a violation of Ad-hoc Exemption Order No. 336. The tribunal found that: (1) vehicles were no longer usable after 8-12 years of operation in desert conditions; (2) condition prohibiting sale does not apply to scrapped vehicles; (3) Show Cause Notice issued almost 20 years after duty payment is time-barred beyond the five-year limitation period. Consequently, the demand for customs duty, interest, and penalties was set aside, and the appellant's appeal was allowed, effectively quashing the department's claims against the appellant.

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