Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Refusal to convert shipping bills from drawback to DFIA was held unsustainable because an earlier appellate order had already directed conversion for all remaining shipping bills, causing the Commissioner's subsequent order allowing conversion for three years to merge with that appellate determination; the Revenue, having participated earlier, was barred from reopening the issue by res judicata. The restriction relied on under Circular No. 36/2010-Cus. was treated as inconsistent with s.149 of the Customs Act as held in prior judicial decisions, supporting validity of conversion. Consequently, conversion for the three-year period was upheld and the Revenue's appeal was dismissed. -CESTAT
Refusal to convert shipping bills from drawback to DFIA was held unsustainable because an earlier appellate order had already directed conversion for all remaining shipping bills, causing the Commissioner's subsequent order allowing conversion for three years to merge with that appellate determination; the Revenue, having participated earlier, was barred from reopening the issue by res judicata. The restriction relied on under Circular No. 36/2010-Cus. was treated as inconsistent with s.149 of the Customs Act as held in prior judicial decisions, supporting validity of conversion. Consequently, conversion for the three-year period was upheld and the Revenue's appeal was dismissed. -CESTAT
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