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    <title>2022 (8) TMI 660 - CESTAT KOLKATA</title>
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    <description>Refractory bricks and similar materials imported for furnace re-lining and maintenance were treated as eligible under the EPCG scheme, because the FTP definition of &quot;capital goods&quot; was read broadly to include plant, machinery, equipment and accessories used directly or indirectly in manufacture, and the reference to &quot;refractories for initial lining&quot; did not exclude replacement or re-lining materials. The Tribunal also held that the imports could qualify as permissible spares within the notification framework. On limitation, a customs demand had to comply with section 28 of the Customs Act, 1962, and could not rely on the notification mechanism to bypass the statutory time limit; in the absence of proved suppression or wilful misstatement, the demand was time-barred and confiscation, redemption fine, and penalty could not stand.</description>
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    <pubDate>Wed, 10 Aug 2022 00:00:00 +0530</pubDate>
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      <description>Refractory bricks and similar materials imported for furnace re-lining and maintenance were treated as eligible under the EPCG scheme, because the FTP definition of &quot;capital goods&quot; was read broadly to include plant, machinery, equipment and accessories used directly or indirectly in manufacture, and the reference to &quot;refractories for initial lining&quot; did not exclude replacement or re-lining materials. The Tribunal also held that the imports could qualify as permissible spares within the notification framework. On limitation, a customs demand had to comply with section 28 of the Customs Act, 1962, and could not rely on the notification mechanism to bypass the statutory time limit; in the absence of proved suppression or wilful misstatement, the demand was time-barred and confiscation, redemption fine, and penalty could not stand.</description>
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