New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (5) TMI 1112 - CESTAT AHMEDABAD

2016 (5) TMI 1112 - CESTAT AHMEDABAD - TMI - Imposition of redemption fine and penalty - Misdeclaration of goods - Import of Heavy Melting Scrap and Re-Rollable Scrap - out of 699.34 MT declared as Heavy Melting Scrap, 81.030 MT was found to be Re-Rollable scrap instead of Heavy Melting Scrap - Differential duty paid before issuance of show cause notice - Held that:- in the international market, the goods are sold as “Used Iron Material” or “Scrap” without any distinction as HMS or Re-Rollable S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

duty only be demanded from the assessee. Confiscation of the goods, Redemption fine and penalty are not warranted and would amount to too harsh a measure. Therefore, confiscation, Redemption fine and penalty ordered in the adjudication order cannot be sustained. - Decided in favour of appellant - Appeal No. : C/311/2008 - ORDER No. A/10430/2016 - Dated:- 19-5-2016 - DR. D.M. MISRA, MEMBER (JUDICIAL) AND MR. P.M. SALEEM, MEMBER (TECHNICAL) For the Appellant : Shri S.S. Mehta, Chartered Accountant .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ollable scrap instead of Heavy Melting Scrap. Therefore, differential duty of ₹ 40,573/- was demanded from the assessee. In addition to the same, the said 81.030 MT of Re-rollable scrap were confiscated for mis-declaration and allowed to be redeemed on fine of Rs. One lakh. A penalty of ₹ 10,000/- was also imposed on the assessee under Section 112 of the Customs Act, 1962. The assessee paid the differential duty, Redemption Fine and penalty under protest and cleared the goods. They f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

al Invoice accompanying the goods are Used Iron Material - 699.340 MT and Re-Rollable Material - 74.810 MT . The Pre-shipment Inspection Certificate of Worldwide Logistic, Survey and Inspection (WLSI) Group and Affiliates, Sydney, Australia also describes the goods in the same manner. The description of the goods in the Bill of Entry is Used Iron Material (HMS) - 699.34 MTS and Re-Rollable Material - 74.81 MTs . Both fall under same Customs Tariff Heading and Rate of duty is same. The value per .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version