Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Reusable metal containers owned by an overseas supplier and imported with raw material were not treated as separately dutiable goods under the Customs Act, 1962; applying the Supreme Court principle in Chairman, Board of Trustees, Cochin Port Trust v. Arebee Star Maritime Agencies, the Tribunal held that duty could not be demanded again on the containers. Under section 14 read with Rule 10(1) of the Customs Valuation Rules, 2007, only packing cost actually incurred or payable by the importer could be included, and the rental value of the packing material was already reflected in the CIF value of the imported synthetic rubber. The reassessment, including interest and penalties, was set aside.
Reusable metal containers owned by an overseas supplier and imported with raw material were not treated as separately dutiable goods under the Customs Act, 1962; applying the Supreme Court principle in Chairman, Board of Trustees, Cochin Port Trust v. Arebee Star Maritime Agencies, the Tribunal held that duty could not be demanded again on the containers. Under section 14 read with Rule 10(1) of the Customs Valuation Rules, 2007, only packing cost actually incurred or payable by the importer could be included, and the rental value of the packing material was already reflected in the CIF value of the imported synthetic rubber. The reassessment, including interest and penalties, was set aside.
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