The Tribunal ruled that loss of sugar due to Cyclone Roanu entitles the SEZ unit to remission of customs duty. Penalties and fines imposed earlier were set aside.
The Tribunal confirmed recovery of erroneously refunded CVD amounts with interest, following the Supreme Court ruling. The appellant’s reliance on prior Tribunal orders was invalidated.
CESTAT Hyderabad held that imported Chinese Coke Breeze used for metallurgical purpose only and not for any other purpose like non-metal extraction, etc. would be entitled to benefit of Notification No.12/2012-Cus dt.17.03.2012. Accordingly, order set aside and appeal allowed.
Since common input services were used for both taxable output and trading, assessee was required to reverse proportionate credit attributable to trading along with interest. Penalty under Rule 15(3) to be confined to proportionate irregular credit finally determined.
CESTAT Hyderabad held that a service tax demand cannot be dismissed merely because payment was made in advance and remanded the matter for verification of the period of service receipt.
CESTAT ruled that transaction value supported by final invoice and BRC must be accepted for export duty finalization, overriding CRCL report on moisture content. set aside a Customs order, confirming that the actual transaction value realized for iron ore exports must be used for final duty assessment.
The CESTAT Hyderabad dismissed an appeal by Essel Mining and Industries, ruling that the Free On Board (FOB) value for iron ore exports cannot be treated as a cum-duty price for calculating export duty.
CESTAT Hyderabad held that non-filing of Ex-Bond BoE for clearance from customs bonded warehouse to SEZ is merely procedural lapse hence confiscation u/s. 113(i) not justifiable since there is no malafide intent. Accordingly, appeals are partly allowed.
CESTAT Hyderabad held that benefit of concessional rate vide notification no. 62/2004-Cus dated 12.05.2004 is denied on import of rectangular shape gold bars as manufacturers or refiners serial numbers not found engraved on the gold bars.
CESTAT Hyderabad ruled that depreciation on capital goods under EOU scheme is admissible only until date of de-bonding, not until date of duty payment.
