Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Appellant reimported defective goods initially claiming benefit under Notification No.158/1995 but later sought alternate exemption under Notification No.94/1996; Tribunal held an alternate notification may be claimed despite an earlier, different claim, subject to satisfying the alternate notification's conditions, and relied on a prior CESTAT decision with similar facts. Because the record lacks a finding on whether the appellant met those conditions, the matter is remanded for de novo adjudication with directions to observe principles of natural justice and, if practicable, conclude proceedings within three months.
Appellant reimported defective goods initially claiming benefit under Notification No.158/1995 but later sought alternate exemption under Notification No.94/1996; Tribunal held an alternate notification may be claimed despite an earlier, different claim, subject to satisfying the alternate notification's conditions, and relied on a prior CESTAT decision with similar facts. Because the record lacks a finding on whether the appellant met those conditions, the matter is remanded for de novo adjudication with directions to observe principles of natural justice and, if practicable, conclude proceedings within three months.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
