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2018 (2) TMI 1071 - AT - CustomsDemand of differential duty - quantities received by the OMCs in excess of the quantities found removed at the end of their refineries - Held that: - Because of the nature of the goods i.e. petroleum products, such variations are inevitable - The guidelines have allowed monthly adjustments between the quantities of excess receipt with the quantities of short receipt before the payment of duty on monthly basis. Even though this clarification is dated 14/02/2014, which is after the date of impugned order, we are of the view that the benefit of such monthly adjustments may be extended even for the earlier periods. Matter remanded to the original authority for de novo decision by working out the demand after granting the adjustments as per the Ministry of Finance, Department of Revenue's circular - appeal allowed by way of remand.
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