Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Exemption under Chapter 3301 applies irrespective of sub heading where importer claims CTH 33019079, produces certificate of origin and invoice, and goods were examined and granted Out of Charge; on that basis confirmed Basic Customs Duty and Social Welfare Surcharge demands were set aside. A genuine bonafide error in IGST payment at a lower rate was recognised, the appellant offered to pay the differential and sought to file a supplementary bill of entry to secure input tax credit; applying the revenue neutrality principle for differential duty credited as input tax, the confirmed differential IGST demand was also set aside.
Exemption under Chapter 3301 applies irrespective of sub heading where importer claims CTH 33019079, produces certificate of origin and invoice, and goods were examined and granted Out of Charge; on that basis confirmed Basic Customs Duty and Social Welfare Surcharge demands were set aside. A genuine bonafide error in IGST payment at a lower rate was recognised, the appellant offered to pay the differential and sought to file a supplementary bill of entry to secure input tax credit; applying the revenue neutrality principle for differential duty credited as input tax, the confirmed differential IGST demand was also set aside.
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