Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
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CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
An appeal against a provisional release order was maintainable because the High Court had granted liberty to challenge that order during the writ proceedings. The Tribunal then held that the condition requiring a bank guarantee for release of seized goods was arbitrary and unreasonable: the importer had obtained an unchallenged advance ruling on classification, the CRCL reports were ambiguous and delayed, moisture-content parameters relevant to roasted areca nuts could not be ignored, and prior laboratory material supported the claimed description. Release was ordered on the remaining provisional conditions, without prejudice to final adjudication on classification and merits.
An appeal against a provisional release order was maintainable because the High Court had granted liberty to challenge that order during the writ proceedings. The Tribunal then held that the condition requiring a bank guarantee for release of seized goods was arbitrary and unreasonable: the importer had obtained an unchallenged advance ruling on classification, the CRCL reports were ambiguous and delayed, moisture-content parameters relevant to roasted areca nuts could not be ignored, and prior laboratory material supported the claimed description. Release was ordered on the remaining provisional conditions, without prejudice to final adjudication on classification and merits.
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