Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
CESTAT allowed the appeal filed by the appellants against the impugned order. The Tribunal held that the Department failed to discharge its burden of proving that the imported goods, described as "embroidery threads", attract anti-dumping duty under Notification No. 23/2012-Cus. The classification of the goods as "embroidery yarn" or "embroidery thread" required a physical scrutiny, product literature, examination report, or expert opinion, which were lacking. Consequently, the Tribunal set aside the impugned order due to the absence of evidence to support the allegation made in the Show Cause Notice.
CESTAT allowed the appeal filed by the appellants against the impugned order. The Tribunal held that the Department failed to discharge its burden of proving that the imported goods, described as "embroidery threads", attract anti-dumping duty under Notification No. 23/2012-Cus. The classification of the goods as "embroidery yarn" or "embroidery thread" required a physical scrutiny, product literature, examination report, or expert opinion, which were lacking. Consequently, the Tribunal set aside the impugned order due to the absence of evidence to support the allegation made in the Show Cause Notice.
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