Allows SAD exemption on timber resized post-importation; Rejects Revenue’s ‘same form’ plea

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SC dismisses Revenue appeals, holds that conversion of imported Sawn Timber logs without loss of identity of original product cannot deprive importer of exemption benefit under Notification No. 102/2007-Cus; Rejects Revenue’s stand that subsequent sale of imported goods must be in same form in which they were received on import; States, said contention is not supported by a plain reading of Notification, which even if construed in strictest terms, does not permit such a view to be taken; Also notes that for purpose of transit of logs, the same necessarily have to be reduced in size due to conditions imposed by State for transport / movement of timber; Accordingly, SC affirms the view taken by HC and CESTAT and directs return of bank guarantees deposited by importers along with interest thereon : SC

Citation: [TS-139-SC-2018-CUST]

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