Expenses for overseas film shooting treated as services availed outside India, so no reverse charge service tax liability; cenvat reversals and penalt...
Electricity consumptionbased clandestine production estimates under the repealed Central Excise Act found insufficient; demand quashed and appeals all...
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For assessment and recovery purposes, the importer is the person who files the Bill of Entry, subscribes to the statutory declaration and seeks clearance; because those acts were done by the filing firms and not the appellants, the duty demand under Section 28 and denial of Notification No. 80/95-Cus failed against them. Misdeclaration under Section 111(m) required responsibility for or knowing participation in the false declaration, and no such evidence existed against the appellants, so confiscation and redemption fine were set aside. However, their furnishing of advance licences, end-use bonds and bank guarantees amounted to deliberate facilitation of improper clearance, sustaining penalty under Section 112(a).
For assessment and recovery purposes, the importer is the person who files the Bill of Entry, subscribes to the statutory declaration and seeks clearance; because those acts were done by the filing firms and not the appellants, the duty demand under Section 28 and denial of Notification No. 80/95-Cus failed against them. Misdeclaration under Section 111(m) required responsibility for or knowing participation in the false declaration, and no such evidence existed against the appellants, so confiscation and redemption fine were set aside. However, their furnishing of advance licences, end-use bonds and bank guarantees amounted to deliberate facilitation of improper clearance, sustaining penalty under Section 112(a).
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