Home Case Index All Cases Customs Customs + AT Customs - 2013 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 392 - CESTAT BANGALOREImport of LPG by filing into-bond bill of entry - Valuation of cleared of LPG cleared on ex-bond bill of entry - Smaller quantities were cleared - Waiver of pre depsoit - Held that:- It appears to us that it is not in dispute that, during the material period, duty had to be paid on the LPG ad valorem. If that be so, the assessable value of the goods was liable to be determined and, in the event of short-payment, differential duty was liable to be demanded under Section 28 of the Act. In the instant case, however, there is no reference to transaction value or assessable value in any of the show-cause notices, both of which proceeded to recover duty on the quantity of the liquid cargo imported but not reflected in the ex-bond bills of entry. In other words, the case is one, prima facie, of non-accountal of imported goods and the proper provision of law to be invoked by the Revenue was Section 72 of the Customs Act. The show-cause notices did not invoke this provision of law which was apparently squarely applicable to the facts of this case. In this view of the matter, we are of the view that waiver of pre-deposit and stay of recovery should be allowed in this case even though the assessee also appears to have overlooked the applicable provision of law. Therefore, proceeding on first principles, we grant waiver and stay as prayed for - Decided in favour of assessee.
|