Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
CESTAT held that the impugned Commissioner (Appeals) order permitting depreciation on capital goods only until the date of payment of duty, instead of until the date of de-bonding/cessation of 100% EOU status, was unlawful. The Tribunal interpreted the notifications as permitting calculation of customs duty on depreciated value with reference to exchange rate at bill of entry and duty rate prevailing when the undertaking ceases to be an EOU, and that the specific provision allowing depreciation until payment applies only where clearance is authorized under Development Commissioner permission in normal debonding. The Commissioner (Appeals) order is set aside; the appeal is allowed and remanded to the adjudicating authority solely for recalculation of duty accordingly.
CESTAT held that the impugned Commissioner (Appeals) order permitting depreciation on capital goods only until the date of payment of duty, instead of until the date of de-bonding/cessation of 100% EOU status, was unlawful. The Tribunal interpreted the notifications as permitting calculation of customs duty on depreciated value with reference to exchange rate at bill of entry and duty rate prevailing when the undertaking ceases to be an EOU, and that the specific provision allowing depreciation until payment applies only where clearance is authorized under Development Commissioner permission in normal debonding. The Commissioner (Appeals) order is set aside; the appeal is allowed and remanded to the adjudicating authority solely for recalculation of duty accordingly.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
