Withdrawal of Exemption under Customs Act does not make assessee non-charitable

As regards allegation of Withdrawal of exemption from Import Duty, it has been submitted that import of medical equipment had taken place in 1990 and does not pertain to the period under discussion. The duty exemption was withdrawn citing certain noncompliance, assessee has filed appeal before CESTAT challenging the order of withdrawal and that the assessee has complied with all the terms for exemption. The matter is subjudice before the said Tribunal.  However, the machineries imported are used by the Hospital namely remote control X-ray system and whole body C.T. Scan. The exemption is with...