Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Appeal allowed against anti-dumping duty demand as incorrect valuation without deliberate suppression doesn't constitute material fact suppression

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT allowed the appeal challenging anti-dumping duty demand and penalties imposed on the appellant and its director. The tribunal held that extended limitation period under section 28(4) of the Customs Act was incorrectly invoked, as mere incorrect valuation without evidence of deliberate suppression does not constitute suppression of material facts. The appellant had made bonafide declarations in Bills of Entry, which were examined and cleared by customs officers. Relying on Supreme Court precedent in Commissioner vs. Reliance Industries Ltd., CESTAT ruled that bonafide belief in correct duty discharge, even if ultimately wrong, cannot be deemed malafide. Penalties under sections 112 and 114AA against the director were set aside as valuation was bonafide without bad motive. The impugned order was completely set aside.....