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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.
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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