Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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Processing of imported ROM manganese ore by washing, removal of waste/foreign material, sizing and related operations to make it suitable for metallurgical use and for economic transport constituted "conversion" under the HSN explanatory notes and, post insertion of Chapter Note 4 to Chapter 26 (w.e.f. 01.03.2011), resulted in deemed manufacture and emergence of distinct excisable goods as ore "concentrate"; consequently, exemption from CVD under Sl. No. 4 of Notification No. 04/2006-CE was unavailable and denial of exemption was upheld. CBIC circulars were held inapplicable where contrary to the statutory deeming provision and where washing was involved. Interest on differential duty arising on finalization of provisional assessments was held payable under the Customs framework as applied to additional duty. Appeals dismissed - CESTAT
Processing of imported ROM manganese ore by washing, removal of waste/foreign material, sizing and related operations to make it suitable for metallurgical use and for economic transport constituted "conversion" under the HSN explanatory notes and, post insertion of Chapter Note 4 to Chapter 26 (w.e.f. 01.03.2011), resulted in deemed manufacture and emergence of distinct excisable goods as ore "concentrate"; consequently, exemption from CVD under Sl. No. 4 of Notification No. 04/2006-CE was unavailable and denial of exemption was upheld. CBIC circulars were held inapplicable where contrary to the statutory deeming provision and where washing was involved. Interest on differential duty arising on finalization of provisional assessments was held payable under the Customs framework as applied to additional duty. Appeals dismissed - CESTAT
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