2000 (7) TMI 126 - AT - Customs

Summary

The Appellate Tribunal CEGAT, Mumbai allowed the appeal regarding the importation of second-hand machinery by a 100% EOU. The tribunal found that although the importers did not declare the real condition of the goods, it was not mis-declaration with intent to evade duty as per the EXIM Policy. The Commissioner's decision to release the goods without duty payment showed condonation of the lapse, leading to the appeal being allowed with consequential relief.