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...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Penalty under section 112(ii) of the Customs Act was in issue for alleged violation of conditions of duty-free gold import under the "Export Against Supply by Nominated Agencies" scheme. The Tribunal held that default would arise only upon failure to complete exports within the prescribed FTP/HBP timelines and furnish supporting evidence; here, customs cancelled the importer's bonds after due verification of exports based on shipping bill EP copy, BRC and customs-attested invoices. The shortfall quantity, for which export proof was unavailable, was regularised by payment of duty with interest, evidencing compliance with the exemption framework. Accordingly, no contravention of the exemption notification was established and penalty was not sustainable; the appeal was dismissed. - CESTAT
Penalty under section 112(ii) of the Customs Act was in issue for alleged violation of conditions of duty-free gold import under the "Export Against Supply by Nominated Agencies" scheme. The Tribunal held that default would arise only upon failure to complete exports within the prescribed FTP/HBP timelines and furnish supporting evidence; here, customs cancelled the importer's bonds after due verification of exports based on shipping bill EP copy, BRC and customs-attested invoices. The shortfall quantity, for which export proof was unavailable, was regularised by payment of duty with interest, evidencing compliance with the exemption framework. Accordingly, no contravention of the exemption notification was established and penalty was not sustainable; the appeal was dismissed. - CESTAT
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