2026 (7) TMI 469

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....hinery and availed the exemption benefit provided under Notification No. 97/2004-Cus., dated 17.09.2004. For availment of the benefit provided under the notification dated 17.09.2004, the said appellant had obtained the EPCG authorization from Director General of Foreign Trade (DGFT) and imported the goods by filing the Bills of Entry before the Customs authorities at the port of import. The imported goods were physically examined and cleared by customs department by extending the EPCG benefit provided under the notification dated 17.09.2004. However, on further investigation into the matter, the department had gathered the information that the imported second-hand machinery was beyond the permissible vintage of 10 years, and since the EPCG....

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....pellants did not comply with the requirement provided under the said notification dated 17.09.2004. We find that no concrete evidences were provided by the department to substantiate their claim that the machineries were more than 10 years old. Further, nowhere in the said notification, there is any condition prescribed with regard to the year of manufacture of the second hand machinery. On perusal of the case records, we find that the DGFT vide letter dated 10.09.2018, had redeemed the EPCG license issued to the appellants on fulfilment of the export obligation by them. Since, the second-hand machinery were purchased by availing the benefit of the exemption notification dated 17.09.2004 and the export obligation were duly achieved by them ....