Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
CESTAT dismissed the revenue's appeal and directed refund/relief to the importer. The Tribunal held that the notification imposing anti-dumping duty was previously set aside by CESTAT and, even if the revenue's grounds were accepted, s.9A(5) of the Customs Tariff Act, 1975 terminates an anti-dumping duty five years after imposition unless validly extended. No valid subsequent notification extending Notification No.12/2010-ADD beyond 19.02.2015 was produced; consequently anti-dumping duty under that notification could not lawfully be levied on imports entered under B/E dated 13.06.2017. The appeal lacked merit and was dismissed.
CESTAT dismissed the revenue's appeal and directed refund/relief to the importer. The Tribunal held that the notification imposing anti-dumping duty was previously set aside by CESTAT and, even if the revenue's grounds were accepted, s.9A(5) of the Customs Tariff Act, 1975 terminates an anti-dumping duty five years after imposition unless validly extended. No valid subsequent notification extending Notification No.12/2010-ADD beyond 19.02.2015 was produced; consequently anti-dumping duty under that notification could not lawfully be levied on imports entered under B/E dated 13.06.2017. The appeal lacked merit and was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
