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    <title>2015 (11) TMI 1398 - CESTAT AHMEDABAD</title>
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    <description>Surplus fuel or MGO/HSD lying in the tanks of vessels imported for breaking was treated as an integral part of the vessel and classifiable with it under Heading 89.08 of the Import Policy. The Tribunal also held that the DGFT clarification on import policy classification was binding on Customs for ITC restrictions, so fuel covered by Heading 89.08 could not be treated as a separately restricted import. On that basis, confiscation under the Customs Act was not sustainable, and the corresponding penalty also failed. The impugned order was therefore set aside and the appeals were allowed.</description>
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    <pubDate>Fri, 10 Jul 2015 00:00:00 +0530</pubDate>
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      <title>2015 (11) TMI 1398 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=268589</link>
      <description>Surplus fuel or MGO/HSD lying in the tanks of vessels imported for breaking was treated as an integral part of the vessel and classifiable with it under Heading 89.08 of the Import Policy. The Tribunal also held that the DGFT clarification on import policy classification was binding on Customs for ITC restrictions, so fuel covered by Heading 89.08 could not be treated as a separately restricted import. On that basis, confiscation under the Customs Act was not sustainable, and the corresponding penalty also failed. The impugned order was therefore set aside and the appeals were allowed.</description>
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      <pubDate>Fri, 10 Jul 2015 00:00:00 +0530</pubDate>
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