Exemption from Special Additional Duty under Notification No....

Exemption from Special Additional Duty under Notification No. 45/2005-Customs was held unavailable where imported bulk tablets were moved from an FTWZ to the importer's factory by stock transfer, because sale on payment of Sales Tax/VAT was a condition precedent and was not satisfied at the clearance stage. However, the demand was set aside as time-barred: the Tribunal found that the record disclosed the nature of the activity and the parties' understanding of the notification, so non-payment of duty could not be treated as suppression, wilful misstatement or similar conduct to justify the extended limitation period under Section 28. The appeals were allowed solely on limitation.

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