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CESTAT dismissed Revenue's appeals challenging customs duty exemption. The tribunal found no merit in confiscating imported goods used for completed projects. The key legal determination centered on procedural irregularities in post-import conditions and notification amendments. Despite transferring goods to new projects without prior authorization, the respondent successfully argued that no bond/bank guarantee was originally required and the subsequent notification amendments could not retroactively impose conditions. The tribunal emphasized that goods unavailable for confiscation cannot be directed for seizure, effectively ruling in favor of the respondent and upholding their right to utilize imported equipment across different approved projects.
CESTAT dismissed Revenue's appeals challenging customs duty exemption. The tribunal found no merit in confiscating imported goods used for completed projects. The key legal determination centered on procedural irregularities in post-import conditions and notification amendments. Despite transferring goods to new projects without prior authorization, the respondent successfully argued that no bond/bank guarantee was originally required and the subsequent notification amendments could not retroactively impose conditions. The tribunal emphasized that goods unavailable for confiscation cannot be directed for seizure, effectively ruling in favor of the respondent and upholding their right to utilize imported equipment across different approved projects.
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