Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
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The appellants imported 251.300 MTs of re-rollable scrap on a high sea sales basis and classified it under CTH 7214 1090 as re-rollable scrap. However, the Department treated it as defectives and seconds, denying the benefit of Customs Notification No. 12/2012-Cus. The Tribunal held that seconds and defective steel products refer to non-standard dimensions or downgraded products with surface defects and internal faults. If the imported cargo is meant for sale as defective or second goods, the notification benefit can be denied. Since there was no allegation or finding that the appellants disposed of the cargo as such, and considering they are manufacturers regularly importing scrap for melting and re-rolling, the imported cargo cannot be treated as seconds and defectives. Therefore, the appellants are eligible for the concessional rate of duty under Notification No. 12/2012-Cus. at Sl.No. 330.
The appellants imported 251.300 MTs of re-rollable scrap on a high sea sales basis and classified it under CTH 7214 1090 as re-rollable scrap. However, the Department treated it as defectives and seconds, denying the benefit of Customs Notification No. 12/2012-Cus. The Tribunal held that seconds and defective steel products refer to non-standard dimensions or downgraded products with surface defects and internal faults. If the imported cargo is meant for sale as defective or second goods, the notification benefit can be denied. Since there was no allegation or finding that the appellants disposed of the cargo as such, and considering they are manufacturers regularly importing scrap for melting and re-rolling, the imported cargo cannot be treated as seconds and defectives. Therefore, the appellants are eligible for the concessional rate of duty under Notification No. 12/2012-Cus. at Sl.No. 330.
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