Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
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CESTAT held that affixing MRP on imported electrical home appliances constituted 'manufacture' under Section 2(f)(iii), making it liable for excise duty. The appellant was entitled to CENVAT credit on previously paid import duty. The tribunal rejected the extended period of limitation due to lack of willful suppression, restricting duty demand to normal period (03/2015-10/2016). While mandatory interest was upheld, penalties under Rule 25 and Rule 26 were set aside. Seizure and confiscation of goods were deemed unjustified. Matter remanded to adjudicating authority for computing duty liability, interest, and CENVAT credit entitlement. The appeal was partially allowed through remand.
CESTAT held that affixing MRP on imported electrical home appliances constituted 'manufacture' under Section 2(f)(iii), making it liable for excise duty. The appellant was entitled to CENVAT credit on previously paid import duty. The tribunal rejected the extended period of limitation due to lack of willful suppression, restricting duty demand to normal period (03/2015-10/2016). While mandatory interest was upheld, penalties under Rule 25 and Rule 26 were set aside. Seizure and confiscation of goods were deemed unjustified. Matter remanded to adjudicating authority for computing duty liability, interest, and CENVAT credit entitlement. The appeal was partially allowed through remand.
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