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2015 (11) TMI 1458 - CESTAT KOLKATA

2015 (11) TMI 1458 - CESTAT KOLKATA - 2016 (331) E.L.T. 97 (Tri. - Kolkata) - Valuation - Enhancement in value - Provisional assessment - exemption Notification No.21/2002-CUS dated 01.03.2002 under Sl.No.212B, condition 28B - Held that:- On perusal of the Notification No.21/2002-CUS dated 01.03.2002 and the corresponding entry under Sl.No.212B we find that the impugned Notification does not cover the Palladium metal and therefore we hold that the ld.Commissioner(Appeals) has rightly held that t .....

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oner : Shri A.Baheti, C.A. For the Respondent : Shri S.K.Naskar, AC(AR) ORDER Per Dr. I.P. Lal. 1. Instant appeal is filed against the order-in-Appeal dated 19.2.2007 passed by Commissioner of Customs(Appeals), Kolkata. 2. Briefly stated the facts of the case are that the appellant filed bill of entry No.112658 dated 26.10.2004 for clearance of Palladium Catalyst (re-processed) from manufacturer M/s.N.E. Chemical Corporation, Japan at the declared value comprising of the value for extraction, co .....

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ner(Appeals), who remanded the case to the adjudicating authority for fresh adjudication and deside the case after following the provisions of Customs Valuation Rules 1988. The adjudicating authority again rejected the declared value under Rule 10(A) of CVR 1988 and re-determined the value under Rule 6 read with Rule 8 of the CVR 1988 on the basis of contemporary import by the same supplier at Japanese Yen 5462.40 per kg. Being aggrieved the appellant preferred the appeal before the Commissio .....

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but the position being analogous, in the present case also the methodology of arriving at value should be adopted in the same manner. He however fairly agrees that the impugned notification does not cover the import of reprocessed Palladium. 4. As per contra the ld.A.R. for the Revenue submits that the aforesaid notification covers only the zinc metal and therefore the benefit of the same cannot be extended in the instant case, as the metal in question is Palladium and not zinc. He submits that .....

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much of the duty of customs leviable thereon under the said first schedule as is in excess of the amount calculated at the rate specified in the corresponding entry in column 4 of the said table. It further exempts by imported goods from so much of the additional duty leviable thereon as in excess of rate specified in column 5 of the said table subject to any of the conditions specified in column 6 of the said table. The condition No.28B provides that if Zinc metal is imported within one year or .....

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