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...
Dominant issue 1: Whether transaction value must be fixed by contemporaneous imports under Valuation Rule 4 when declared goods differ in specification. Reasoning: Proper officer reasonably doubted declared value because invoices stated 0.62 mm thickness while actual fabric measured 0.74-0.81 mm (19-30% higher); contemporaneous identical imports showed U.S.$1.80 and $1.85 per metre, so Rule 4 mandates the lower contemporaneous transaction value. Outcome: Assessable value, differential duty and penalty under s.114A are re-determined using U.S.$1.80/m. Dominant issue 2: Whether mis-declaration and confiscation, redemption fine and director penalty justified. Reasoning: Import was mis-declared (s.111(m)); redemption fine was modest and director penalty under s.112(a) was appropriate. Outcome: Confiscation, redemption fine and director penalty upheld. - CESTAT
Dominant issue 1: Whether transaction value must be fixed by contemporaneous imports under Valuation Rule 4 when declared goods differ in specification. Reasoning: Proper officer reasonably doubted declared value because invoices stated 0.62 mm thickness while actual fabric measured 0.74-0.81 mm (19-30% higher); contemporaneous identical imports showed U.S.$1.80 and $1.85 per metre, so Rule 4 mandates the lower contemporaneous transaction value. Outcome: Assessable value, differential duty and penalty under s.114A are re-determined using U.S.$1.80/m. Dominant issue 2: Whether mis-declaration and confiscation, redemption fine and director penalty justified. Reasoning: Import was mis-declared (s.111(m)); redemption fine was modest and director penalty under s.112(a) was appropriate. Outcome: Confiscation, redemption fine and director penalty upheld. - CESTAT
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