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Legal provisions and procedures of recovery of arrears/demands of Customs Duty

NOTICE FOR PAYMENT OF DUTIES, INTEREST ETC. - (1) When any duty has not been levied or has been short-levied or erroneously refunded, or when any interest payable has not been paid, part paid or erroneously refunded, the proper officer may, - (a) in...

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Posted Under: Custom Duty |

Confiscation of goods cleared for home consumption

To Confiscate means to appropriate private property to public treasury. Thus after confiscation the goods becomes a property of the government and the government candeal with it as it wants. Through option of redemption fine, government offers to some person to take ownership of the goods. Redemption fine is not a penalty and it has no pe...

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Posted Under: Custom Duty |

Salary, corruption & accountability

They are called “Public Servants”, for they are expected to serve the public. But what is being done in the name of serving the public is not even an “open secret”, it is available live on electronic media. Everyday we see some or the other so called public servants extracting money from the hapless citizens in the name of suvidha...

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Posted Under: Custom Duty | ,

Rajesh Kumar Sharma V. UOI [2007 (209) ELT 3 (SC)] (Miscarriage of justice)

The petitioner was being prosecuted for an offence under Customs Act for the last 12 years. The value of the offending goods was Rs. Eight lakhs (approx). 20% of the value of goods comes out to be approx 1.6 lakhs. The compounding authority comes to the conclusion that out of 1.6 lakhs and 10 lakhs, 10 lakhs is higher and hence imposed a ...

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Posted Under: Custom Duty |

CESTAT cannot dismiss an appeal when a writ application thereto is pending before a high court

A Calcutta High Court judgment today held that Customs, Excise, Service Tax Appellate Tribunal (CESTAT) cannot dismiss an appeal when a writ application thereto is pending before a high court. The order gave much awaited relief to many appellants whose applications and pleas were pending before the CESTAT...

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Posted Under: Service Tax |

Can department file an appeal against its own circular?

A very piquant situation has arisen after the judgement of the Supreme Court in the Ratan Melting case. One of my ex-colleagues who is known to be as knowledgeable as he is serious, rang me up with a lot of concern that this judgement now authorises the CBEC to file appeal in the Supreme Court […]...

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Posted Under: Excise Duty |

Aban Loyd Chiles Offshore Ltd. Vs UOI (Supreme Court)

Whether oil rigs engaged in operations in the exclusive economic zone/ continental shelf of India, falling outside the territorial waters of India, are foreign going vessels as defined by Section 2(21) of the Customs Act, 1962, and are entitled to consume imported stores thereon without payment of customs duty in terms of Section 87 of th...

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Changes in Custom Duty Made in Budget 2008-09

There is no change in the peak rate of the custom duty in the current budget. Exemption from 4% additional duty of customs has been withdrawn :- The exemption from 4% additional duty of custom leviable under section 3(5) of the Custom Tariff Act has been withdrawn from Power generation projects, (Other than mega power projects) transmissi...

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Posted Under: Custom Duty |

Export fraud – Action against Customs Officers – Notice to be issued within three months, Commissioner correct in dropping proceedings against Officer

M/s. Pashupathi Traders, Secunderabad, filed 8 Shipping Bills, all dated 03rd January, 2001 declaring the goods exported by them as "NAPROXEN" under the DEPB Scheme. The goods were stuffed after examination by the customs at ICD Hyderabad for export to UAE via Nhava Sheva port. The DRI Officers intercepted two consignments of cargo in two...

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Posted Under: Custom Duty |

Preloaded operating system software is an integral part of a laptop and cannot be classified separately

the short question for determination is, Whether operating systems (software) which controls the working of the computer and which is preloaded in the laptop (notebook) is classifiable as a separate entity under CTH 85.24 at 'nil' rate of duty or as an integral part of the laptop under CTH 84.71 at the appropriate rate of duty....

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Posted Under: Custom Duty |