Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
CESTAT held that export consignments comprising mixed Iron Ore fines and low-percentage lumps could not be classified as Iron Ore lumps for levy of higher export duty, as lumps were not the predominant component. The Tribunal further ruled that export duty and value must be determined on the basis of Fe content and moisture percentage ascertained at the discharge port in terms of the export contracts, and that the declared transaction value could not be rejected without strictly following the Customs Valuation Rules and affording the exporters due opportunity. However, CESTAT upheld denial of cum-duty benefit, holding FOB value as the transaction value for export duty from 01.01.2009. Departmental appeals were dismissed; exporters' appeals were allowed to the above extent.
CESTAT held that export consignments comprising mixed Iron Ore fines and low-percentage lumps could not be classified as Iron Ore lumps for levy of higher export duty, as lumps were not the predominant component. The Tribunal further ruled that export duty and value must be determined on the basis of Fe content and moisture percentage ascertained at the discharge port in terms of the export contracts, and that the declared transaction value could not be rejected without strictly following the Customs Valuation Rules and affording the exporters due opportunity. However, CESTAT upheld denial of cum-duty benefit, holding FOB value as the transaction value for export duty from 01.01.2009. Departmental appeals were dismissed; exporters' appeals were allowed to the above extent.
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