9911796707
TMI Blog2018 (3) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 required for construction of roads subject to fulfillment of condition No. 40. The said condition No. 40 (ii) under which the appellants claim exemption reads as under: - (i)...... (ii) a person who has been awarded a contract for the construction of roads in India by or on behalf of the Ministry of Surface Transport, by the National Highway Authority of India, by the Public Works Department of a State Government or by a road construction corporation under the control of the Government of a State or Union Territory: or (iii)..... As is seen from the above, the notification condition is to the effect that the goods imported for construction of roads would be exempted if the same are imported by a person, who has been awarded the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not eligible to the benefit of exemption inasmuch as M/s Hyderabad Growth Corridor Ltd., who had awarded the contract to the appellant for construction of the road was not a Road Construction Corporation under the control of State Government as required in terms of reproduced condition No. 40(b)(ii). 4. The notice was contested by the appellant and various pleas were raised. However, the Commissioner of Customs (Import), who adjudicated the matter vide the present impugned Order-in-Original, did not agree with the contentions of the appellant and confirmed the demand along with confiscation of the goods with redemption fine and imposition of penalties. Penalties were also imposed on the contractor and the regional contractor to the extent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Advocate appearing for the appellant submits that the Commissioner has gone wrong by taking into account that the authorised shares instead of preference share. He submits that the preference shares are not the authorized shares, which is to be taken into account while arriving at the status of Infrastructure Corporation of Andhra Pradesh and Hyderabad Development Urban Authority. He clarified that the total preference share is only to the extent of 20 lakhs out of which majority share holders are the said two State Government Corporation and balance shares are subscribed by five different persons. As such, he submits that the findings of the lower authorities are factually incorrect. 7. Apart from contesting the confirmation of demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as admittedly the fact that the order stand placed upon them by Hyderabad Growth Corridor Ltd. was placed before the assessing authority. If the Revenue intended to further investigate the matter, they were well within the power and jurisdiction to call for the Memorandum of Association and Article of Association of Hyderabad Growth Corridor Ltd. The fact that such Memorandum of Association was not placed before the authority cannot amount to any mala fide on their part in the absence of any requirement or obligation by law to place such Memorandum of Association before the assessing authority. As such, we fully agree with the learned Advocate appearing for the appellant that the demand is barred by limitation. Accordingly, the same is set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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