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2019 (6) TMI 506 - AT - CustomsValuation of export goods - deemed export - undervalued clearances of PTA made to deemed export category buyers - whether the transfer of advance licenses are to be considered as a consideration for sale of the goods by the appellant to the buyers? - HELD THAT:- The transferred advance license, can be beneficial for the appellant for duty free inputs of the raw materials required for manufacture in the appellant’s factory. Hence, certain benefit accrued to the appellant through the receipt of transferred advance licenses. Time bar - HELD THAT:- In the Haldia Petrochemicals [ 2018 (12) TMI 1031 - CESTAT KOLKATA ] case, the Tribunal held that the appellant will be entitled to the benefit of time bar. Revenue neutrality - HELD THAT:- The appellant will not be entitled to the benefit of revenue neutrality. The demand for differential duty on merit upheld - the demand for duty beyond the normal time limit set aside - penalties set aside - Appeal allowed in part.
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