Case Law Details
Commissioner of Central Excise, Customs & Service Tax Vs M/s Mideast Integrated Steels Ltd. (CESTAT Hyderabad)
Conclusion: Order sanctioning refund by the first appellate authority (FAA) was upheld after rectifying the clerical/ arithmetical mistakes in the shipping bills.
Held: In the case of Sameera Trading Company [2011 (264) ELT 578 (Tri-Bang.)] an identical issue related to the CBEC Circular No. 18/2008-Cus dated 10.11.2008 was under consideration. In that case also duty was assessed contrary to the existing practice by taking FOB value as transaction value while the practice during the period was to take the value FOB value as cum duty value. Commissioner (Appeals) had allowed the benefit of CBEC Circular No. 18/2008 invoking the provisions of Section 154 of Customs Act, 1964 and allowed refund and the Revenue’s appeal against this order of the First Appellate Authority was dismissed by the Tribunal. Respectfully following the same, the order sanctioning the refund by the first appellate authority (FAA) after rectifying the clerical/ arithmetical mistakes in the shipping bills was upheld.
FULL TEXT OF THE CESTAT JUDGMENT
Both these appeals are filed by the Revenue against the Orders-in-Appeal Nos. as follows:
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