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2015 (4) TMI 308 - AT - CustomsBenefit of duty exemption - notification No. 12/2012-Cus dated 17/03/2012 - Classification of coal - Bituminous coal or steam coal - held that:- Court have quoted extensively from the Tribunal's decision in the Maheshwari brother's case only for the reason that the contention of the appellant that GCVmmmf should have been calculated by taking GCV on ARB basis and not GCV on ADB basis is not convincing. From the technical literature cited above, it becomes clear that moisture on ADB approximates to Inherent Moisture while moisture on ARB corresponds to Total Moisture. Therefore, we are of the prima facie view that the Parr formula adopted by the Revenue for computing the GCV on a moist mineral free basis has a logic to it and cannot be faulted. Therefore, at the interim stage of stay application, we do not find sufficient reasons to differ with the view taken by the Revenue and confirmed by this Tribunal in the Coastal Energy and Maheshwari Brother's case [2015 (1) TMI 208 - CESTAT BANGALORE]. - However, in the interest of justice, the time limit for compliance of pre-deposit is extended - Decided partly in favour of assessee.
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