Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Classification of ores versus concentrates: processing of Run of Mine ore through screening, sizing and crushing resulting in concentrates is treated as manufacture; the transformed material qualifies as distinct excisable goods in light of chapter notes, HSN explanations and deeming provisions, with the consequence that exemption claimed under the relevant notification is not available. Strict construction of the exemption was applied, leading to recovery of differential duty. Delay in payment of duty attracts statutory interest, which is payable alongside the recovered duty.
Classification of ores versus concentrates: processing of Run of Mine ore through screening, sizing and crushing resulting in concentrates is treated as manufacture; the transformed material qualifies as distinct excisable goods in light of chapter notes, HSN explanations and deeming provisions, with the consequence that exemption claimed under the relevant notification is not available. Strict construction of the exemption was applied, leading to recovery of differential duty. Delay in payment of duty attracts statutory interest, which is payable alongside the recovered duty.
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