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TMI Blog2015 (11) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... ns the goods that are entitled to exemption specifically include "capital goods". It could not be disputed that the aforesaid good were imported by the appellant-assessee for construction of its unit from where the goods meant for export were to be manufactured and therefore, these goods are in the nature of capital goods. Goods are used for the purpose for which they are imported. If the perception of the Revenue was that these are not captive goods or the benefit of Notification No. 53/97 is not available to the assessee, the period of limitation started at the threshold and therefore, on the facts which were known to the Revenue the Show Cause Notice could have been issued within a normal period of limitation prescribed under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h were required for the purpose of manufacturing CD (Recordable) and CD-ROM and were also to be used in connection with the production of the aforesaid items and therefore, no duty was paid. The Revenue, however, was of the opinion that some duty free items claimed by the appellant as capital goods were used for construction and decoration of the factory building and therefore, were not entitled to the exemption in terms of Notification No. 53/97-Cus or Notification No. 1/95-CE. It resulted in the issuance of Show Cause Notice dated 27.03.2002 and the demand mentioned in the said notice was confirmed after hearing the appellant. The Commissioner also confirmed the said demand. Even the Customs, Excise and Service Tax Appellate Tribunal (her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this case is not hit by any time bar. In order to determine the aforesaid issue, it would be necessary to traverse through Exemption Notification No. 53/97-Cus. dated 03.06.1997 as amended from time time. Relevant portion thereof with which we are concerned reads as under: - In exercise of the powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby exempts goods specified in the Table below (hereinafter referred to as the goods), when imported into India, or procured from a Public Warehouse or Private Warehouse appointed or licensed, as the case may be, under section 57 or section 58 of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the production or packaging or job work , the same shall still be covered by the aforesaid notification and thus would not attract any customs duty. The table which mentions the goods that are entitled to exemption specifically include capital goods . It could not be disputed that the aforesaid good were imported by the appellant-assessee for construction of its unit from where the goods meant for export were to be manufactured and therefore, these goods are in the nature of capital goods. We, therefore, hold that the CESTAT is not right in taking a contrary view and denying the benefit of the aforesaid Exemption Notification to the appellant. Even on the question of limitation, we do not agree with the view taken by the CESTAT. No d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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