Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
CESTAT upheld the demand for central excise duty, interest, and penalties against the appellant who contravened Notification No. 42/2001-CE and Excise Rule 19. The appellant had obtained CT-1 Certificates and removed goods without duty payment under two ARE-1 forms but failed to submit required documentation proving export. Instead of exporting the goods, the appellant sold them domestically to CEL. The Tribunal emphasized that Excise Rule 19 specifically requires evidence that goods removed from a factory must be exported, not merely sold domestically to parties who might eventually export them. As the appellant failed to follow prescribed export procedures, the appeal was dismissed.
CESTAT upheld the demand for central excise duty, interest, and penalties against the appellant who contravened Notification No. 42/2001-CE and Excise Rule 19. The appellant had obtained CT-1 Certificates and removed goods without duty payment under two ARE-1 forms but failed to submit required documentation proving export. Instead of exporting the goods, the appellant sold them domestically to CEL. The Tribunal emphasized that Excise Rule 19 specifically requires evidence that goods removed from a factory must be exported, not merely sold domestically to parties who might eventually export them. As the appellant failed to follow prescribed export procedures, the appeal was dismissed.
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