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2013 (12) TMI 1494 - AT - CustomsWaiver of pre-deposit - Refund claim - finalization of provisional assessment - amendment in Section 14 of the Customs Act, 1962 for the determination of export duty - Circular dated 10-11-2008 - Held that:- Undisputedly, the relevant provision of Section 14 had been amended with effect from 11-5-2007 adopting the concept of ‘transaction value’ applicable to the goods meant for both export and import. Also, it is not in dispute that the Board has issued a Circular on 10-11-2008 clarifying certain aspects of Section 14 of the Customs Act, 1962, after introduction of duty on export of steels. The method of assessment adopted by the Paradeep Commissionerate, taking the FOB price not as cum-duty price but as assessable value, has not been in accordance with the said Circular - waiver of pre-deposit allowed - petition allowed.
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