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...
The dominant issue was whether exemption for re-imported goods after repairs under Notification No. 94/96-Cus could be denied for want of marks and numbers proving identity with the earlier exported goods. The tribunal held that, despite absence of physical identification marks, the chain of commercial invoices, airway bills, and the repair certificate sufficiently established documentary linkage between the exported defective parts and the re-imported goods, entitling the importer to the exemption. Consequently, re-determination of value, confiscation, redemption fine, and penalty were unsustainable, and the impugned order was set aside with consequential relief. - CESTAT
The dominant issue was whether exemption for re-imported goods after repairs under Notification No. 94/96-Cus could be denied for want of marks and numbers proving identity with the earlier exported goods. The tribunal held that, despite absence of physical identification marks, the chain of commercial invoices, airway bills, and the repair certificate sufficiently established documentary linkage between the exported defective parts and the re-imported goods, entitling the importer to the exemption. Consequently, re-determination of value, confiscation, redemption fine, and penalty were unsustainable, and the impugned order was set aside with consequential relief. - CESTAT
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