Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
Clear Float Glass was classifiable under CTH 7005 10 90 where Chapter Note 2(c) established a microscopic absorbent, reflecting or non-reflecting metal coating; the Certificate of Origin could prove originating status but could not override classification under the Customs Tariff Act, so the benefit of Notification No. 46/2011-Cus. remained available even though the certificate mentioned CTH 7005 29 90. Because the goods were declared as Clear Float Glass and no misdeclaration or suppression was shown, the duty demand failed and confiscation, redemption fine, penalty and interest also fell away.
Clear Float Glass was classifiable under CTH 7005 10 90 where Chapter Note 2(c) established a microscopic absorbent, reflecting or non-reflecting metal coating; the Certificate of Origin could prove originating status but could not override classification under the Customs Tariff Act, so the benefit of Notification No. 46/2011-Cus. remained available even though the certificate mentioned CTH 7005 29 90. Because the goods were declared as Clear Float Glass and no misdeclaration or suppression was shown, the duty demand failed and confiscation, redemption fine, penalty and interest also fell away.
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