Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
The CESTAT held that imported multimedia speakers with ancillary functions (USB/SD/MMC playback and/or FM radio) are correctly classifiable under CTH 8518. It found the classification issue no longer res integra, following consistent Tribunal and HC precedent. Consequently, the Revenue's attempt to reclassify the goods under CTH 8527 9100 was rejected. As CTH 8518 does not attract MRP-based valuation, the basis for alleging non-declaration or suppression/reduction of MRP/RSP failed. The reclassification, demand of differential duty, and connected proceedings were set aside, and the appeal was allowed.
The CESTAT held that imported multimedia speakers with ancillary functions (USB/SD/MMC playback and/or FM radio) are correctly classifiable under CTH 8518. It found the classification issue no longer res integra, following consistent Tribunal and HC precedent. Consequently, the Revenue's attempt to reclassify the goods under CTH 8527 9100 was rejected. As CTH 8518 does not attract MRP-based valuation, the basis for alleging non-declaration or suppression/reduction of MRP/RSP failed. The reclassification, demand of differential duty, and connected proceedings were set aside, and the appeal was allowed.
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