Exemption cannot be denied merely based on heading of Notification or Budget Speech not forming part of Notification

Inductotherm India Pvt Ltd Vs C.C. (CESTAT Ahmedabad) Only ground on which the department has been denying the exemption Notification No. 25/2002-Cus dated 01.03.2002 is that the subject imported goods are exempted only if it is imported and used by the IT Industries whereas, in the appellant’s case the industry is not IT Industry but it is induction melting and heating furnace as well as induction welding equipment manufacturing unit. We find that there is no dispute that the subject imported material are clearly specified in the table given in the notification, the notification does not pr...