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    <title>2025 (4) TMI 831 - CESTAT KOLKATA</title>
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    <description>CESTAT Kolkata held that disposal of vehicles as scrap after they became non-motorable does not constitute &quot;sale&quot; under Ad-hoc Exemption Order No. 336/1995. Appellant disposed two Land Rovers as scrap after 8-12 years of use when vehicles became junk due to unavailable spare parts. Court distinguished between sale of working vehicles and disposal of non-usable scrap, finding no violation of exemption conditions. Additionally, SCN issued 20 years after duty payment was time-barred as exemption created no continuous obligation and five-year limitation period had expired. Demand for customs duty, interest, and penalties set aside; appeal allowed.</description>
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    <pubDate>Fri, 10 Jan 2025 00:00:00 +0530</pubDate>
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      <title>2025 (4) TMI 831 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=768917</link>
      <description>CESTAT Kolkata held that disposal of vehicles as scrap after they became non-motorable does not constitute &quot;sale&quot; under Ad-hoc Exemption Order No. 336/1995. Appellant disposed two Land Rovers as scrap after 8-12 years of use when vehicles became junk due to unavailable spare parts. Court distinguished between sale of working vehicles and disposal of non-usable scrap, finding no violation of exemption conditions. Additionally, SCN issued 20 years after duty payment was time-barred as exemption created no continuous obligation and five-year limitation period had expired. Demand for customs duty, interest, and penalties set aside; appeal allowed.</description>
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