Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Imported goods cleared and sold as fertilizers did not meet the...
Eligibility for notification exemption on imported fertilizers challenged; penalty, interest and confiscation set aside after voluntary payment and non retroactivity ruling
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Imported goods cleared and sold as fertilizers did not meet the post 2011 exemption condition limiting nil duty to inputs used in fertilizer manufacture; appellants paid the differential countervailing duty and interest voluntarily before show cause, and explained the omission as a bona fide, unintentional mistake. The tribunal found no element of suppression and held that penal provisions enacted later do not apply to the 2011 dispute period; accordingly, invocation of penalty for suppression and confirmation of interest and confiscation were set aside, and the appeal allowed to that extent.
Imported goods cleared and sold as fertilizers did not meet the post 2011 exemption condition limiting nil duty to inputs used in fertilizer manufacture; appellants paid the differential countervailing duty and interest voluntarily before show cause, and explained the omission as a bona fide, unintentional mistake. The tribunal found no element of suppression and held that penal provisions enacted later do not apply to the 2011 dispute period; accordingly, invocation of penalty for suppression and confirmation of interest and confiscation were set aside, and the appeal allowed to that extent.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
