Extension of benefit of conditional Central Excise notifications for the purpose of levy of countervailing duty under Section 3(1) of the Customs Tariff Act, 1975 - regarding
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Conditional excise notification benefit denied for imports when notification conditions cannot be verified, altering applicable CVD rates. Imported goods are ineligible for the benefit of a conditional Central Excise notification for CVD purposes when the importer cannot satisfy or permit verification of the specific conditions in the notification (for example, non availment of CENVAT credit or inputs duty paid). In such cases the full excise rate must be used to compute CVD (illustrated by imported candles attracting the standard rate), though an exception may apply where only procedural requirements were breached and substantive conditions are met; provisional assessments should be finalised and recoveries effected where concessional treatment was incorrectly allowed.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Conditional excise notification benefit denied for imports when notification conditions cannot be verified, altering applicable CVD rates.
Imported goods are ineligible for the benefit of a conditional Central Excise notification for CVD purposes when the importer cannot satisfy or permit verification of the specific conditions in the notification (for example, non availment of CENVAT credit or inputs duty paid). In such cases the full excise rate must be used to compute CVD (illustrated by imported candles attracting the standard rate), though an exception may apply where only procedural requirements were breached and substantive conditions are met; provisional assessments should be finalised and recoveries effected where concessional treatment was incorrectly allowed.
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