International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
AAR held that N/N 134/94-Cus dated 22.06.1994 and the MOOWR scheme, though both operating under s.65 of the Customs Act, 1962, function in distinct domains and their benefits cannot be simultaneously availed for the same imported second-hand goods. The applicant may, however, claim duty exemption under N/N 134/94-Cus for second-hand goods imported for repair, reconditioning, re-engineering, testing, calibration or maintenance, subject to strict compliance with its conditions, including re-export within three years and prior approval of the jurisdictional Principal Commissioner/Commissioner of Customs under s.65. AAR further clarified that valuation and duty treatment of wastage/scrap generated during such operations will be governed by s.65(2), differing based on whether resultant goods are exported or cleared for home consumption.
AAR held that N/N 134/94-Cus dated 22.06.1994 and the MOOWR scheme, though both operating under s.65 of the Customs Act, 1962, function in distinct domains and their benefits cannot be simultaneously availed for the same imported second-hand goods. The applicant may, however, claim duty exemption under N/N 134/94-Cus for second-hand goods imported for repair, reconditioning, re-engineering, testing, calibration or maintenance, subject to strict compliance with its conditions, including re-export within three years and prior approval of the jurisdictional Principal Commissioner/Commissioner of Customs under s.65. AAR further clarified that valuation and duty treatment of wastage/scrap generated during such operations will be governed by s.65(2), differing based on whether resultant goods are exported or cleared for home consumption.
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