CESTAT allowed the appeal and set aside the impugned orders...

CESTAT allowed the appeal and set aside the impugned orders denying preferential tariff treatment under the FTA. The Tribunal found no evidence that the Department conducted independent verification to invalidate the Certificate of Origin issued by the competent Malaysian authority, nor any proof that the certificate was fabricated; consequently the claim under the Rules governing determination of origin in Annexure-III was held valid. Orders denying benefit solely on uncorroborated intelligence regarding failure to meet the 35% RVC threshold were unsustainable. The Tribunal also held the extended period of limitation inapplicable where only nondisclosure or misstatement was alleged. Benefit of notification granted to the appellant; appeal allowed.

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