Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the appellant was entitled to the 10% discount from PLATT price under Standing Order No. 11/99, and whether the further enhancement of the imported goods' value was sustainable after the initial enhancement had already been accepted.
Analysis: The imported goods had initially been enhanced by the customs authorities and that enhanced value was accepted by the appellant. The subsequent notice sought a further enhancement on the footing that the appellant was not entitled to the 10% discount for imports from the manufacturer. Standing Order No. 11/99 specifically allowed a 10% discount from the PLATT rate for imports from the manufacturer. Standing Order No. 9/2000 amended only the discount under para VI, increasing it to 35% for reprocessed granules, and did not amend para IV dealing with the manufacturer-based 10% discount. The denial of that discount therefore had no basis in the standing order.
Conclusion: The further enhancement was unsustainable, and the appellant was entitled to the 10% discount from PLATT price.
Ratio Decidendi: Where a later standing order amends only one specific discount provision, an unamended earlier provision granting a separate discount remains operative and cannot be ignored to justify further enhancement.