CESTAT allowed the appeal and set aside the impugned order,...

CESTAT allowed the appeal and set aside the impugned order, holding that the imported goods are classifiable under CTH 29173920 and thus eligible for the concessional duty under Notification No. 152/2009-CUS; the departmental demand for differential customs duty of Rs. 56,71,510 with interest was held unsustainable. The Tribunal found no proven mis-declaration of goods and accordingly quashed the penalties levied on the Appellant. It held that post-Budget classification under the revised tariff entry did not deprive the Appellant of the notification benefit where identical goods were imported from the same supplier before and after the Budget, and ordered relief in favour of the Appellant.

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