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In absence of specific provisions Interest & penalty on CVD cannot be demanded

Case Law Details

Case Name
Acer India (Pvt.) Ltd Vs Commissioner of Customs (Audit) (CESTAT Chennai)
Date of Judgement/Order
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Acer India (Pvt.) Ltd Vs Commissioner of Customs (Audit) (CESTAT Chennai) The appellant has argued that confiscation of goods, interest demand, penalty and redemption fine imposed cannot be sustained in relation to CVD leviable under Section 3 (1) of Customs Tariff Act, 1975. The Hon’ble Bombay High Court in the case of Mahindra & Mahindra Ltd. v. Union of India (supra) had considered the said issue and held that interest and penalty in relation to CVD cannot be demanded in the absence of specific provisions for levy of interest, penalty in the Customs Tariff Act, 1975. The said decision...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 17,295

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