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Kiran Ship Breaking Corpn Versus Commissioner of Customs Jamnagar (Prev)

2015 (12) TMI 1479 - CESTAT AHMEDABAD

Import of two Vessels for breaking purpose Demand of differential duty - bunker and stores - Burden to prove - Wrong classification of goods - Held that:- The Adjudicating Authority held that the fuel oil, engine oil and ship stores, as spare parts, .....

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order, Commissioner (Appeals) upheld the adjudication order.

Appellant contended before the Commissioner (Appeals) that the burden was on the Department to prove that the subject goods bunkers and stores were imported and cleared by the .....

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is not sustainable. - Decided against Assessee. - Appeal No : C/879/2005, Application No : C/Cross/408/2005 - Order No. A/10829 / 2015 - Dated:- 10-6-2015 - Mr. P.K. Das and Mr. P.M, Saleem, JJ. For The Appellant: None For The Respondent:Shri G.P. T .....

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al filed by the appellant, for non prosecution. The Honble Gujarat High Court by Judgement Dated 03.03.2011 in Tax Appeal No. 1015/2010 (M/s Kiran Ship Breaking Corporatin, Bhavnagar vs. Customs Excise & Service Tax Appellate Tribunal) set-aside .....

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After hearing the Learned Authorised Representative for the Revenue and on perusal of the records, we find that the appellants imported two Vessels for breaking purpose namely; S.S. Elizabeth Lykes & M.V. Kholmsk during the year 1995 & 1996. .....

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