Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
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CESTAT held that para 3.16.2 of the Foreign Trade Policy bars SHIS only where the status holder has availed TUFS for exports made in the same year. The appellant had not claimed SHIS on the basis of its own exports; it was only a transferee holder of SHIS scrips originally issued to others, and it used those scrips later for duty payment on imported capital goods. The Tribunal also held that Notification No. 104/2009-Cus permitted drawback or Cenvat credit of additional duty debited in the scrip, and no bar applied to a transferee holder. The demand of wrongly availed Cenvat credit, interest and penalty was set aside.
CESTAT held that para 3.16.2 of the Foreign Trade Policy bars SHIS only where the status holder has availed TUFS for exports made in the same year. The appellant had not claimed SHIS on the basis of its own exports; it was only a transferee holder of SHIS scrips originally issued to others, and it used those scrips later for duty payment on imported capital goods. The Tribunal also held that Notification No. 104/2009-Cus permitted drawback or Cenvat credit of additional duty debited in the scrip, and no bar applied to a transferee holder. The demand of wrongly availed Cenvat credit, interest and penalty was set aside.
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