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    <title>2014 (2) TMI 915 - CESTAT NEW DELHI</title>
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    <description>Imported capital goods under Notification No. 32/2005-Cus. were required to be installed within six months or within an extended period allowed by the customs authority. Installation certificates issued after the import period supported a prima facie inference that extension had been granted, so alleged non-compliance with the notification did not by itself justify denial of interim relief. The Revenue&#039;s objection based on drawback was not decisive because drawback was not part of the show-cause notice and there was no categorical finding that it had actually been taken. The pre-deposit of duty and penalty was therefore dispensed with and stay was granted unconditionally.</description>
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      <description>Imported capital goods under Notification No. 32/2005-Cus. were required to be installed within six months or within an extended period allowed by the customs authority. Installation certificates issued after the import period supported a prima facie inference that extension had been granted, so alleged non-compliance with the notification did not by itself justify denial of interim relief. The Revenue&#039;s objection based on drawback was not decisive because drawback was not part of the show-cause notice and there was no categorical finding that it had actually been taken. The pre-deposit of duty and penalty was therefore dispensed with and stay was granted unconditionally.</description>
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