Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Where differential customs duty was not paid on two import invoices, the tribunal held that demand, confiscation under s.111(l), and penalties were unsustainable because the importer voluntarily disclosed the lapse and deposited the differential duty with interest prior to issuance of the show cause notice, negating suppression, misstatement, collusion, or mala fide intent; consequently, the penalty on the responsible employee also could not survive. The impugned order was set aside and the appeals were allowed with consequential relief as per law. - CESTAT
Where differential customs duty was not paid on two import invoices, the tribunal held that demand, confiscation under s.111(l), and penalties were unsustainable because the importer voluntarily disclosed the lapse and deposited the differential duty with interest prior to issuance of the show cause notice, negating suppression, misstatement, collusion, or mala fide intent; consequently, the penalty on the responsible employee also could not survive. The impugned order was set aside and the appeals were allowed with consequential relief as per law. - CESTAT
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