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2015 (8) TMI 814

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..... ppeal against the impugned order whereby the demand of customs duty of Rs. 15,35,846/- is confirmed by denying the benefit of Notification No.64/88-Cus dated 1.3.88 in respect of medical equipment imported by the appellants.  The adjudicating authority  has imposed a penalty of Rs. 15,000/-. 3.     The brief facts of the case are that the appellants made import of me .....

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.....    During the argument, the ld.counsel for the appellants  submitted that now the appellants are not claiming the benefit of Notification No.64/88.   Alternatively the appellants were claiming the benefit of Notification No.65/88-Cus before the adjudicating authority. As per the Notification No.65/88-Cus  the effective rate of customs duty is 40%.  The claim was .....

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..... hority.  This claim was not considered by the adjudicating authority.  As per the provisions of Notification No.65/88-Cus, the duty liability comes to Rs. 5,06,253/-.   In these circumstances, the appellants are directed to deposit Rs. 5.06,253/- with the jurisdictional Commissioner within a period of eight weeks.  The impugned order is set aside and the matter is remanded .....

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