Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s. M.B. Marketing, Sandeep Chabra Versus C.C., New Delhi

Valuation - rejection of declared value - confiscation with redemption fine and penalty - scarf mixed colour - mis-declaration of description, quantity and value of goods - classification of goods - classified under Chapter 6214 9060 or under 6117 8090 or under 6214 3000 - suppression of facts - Held that: - it is clear that this is a simple case of wrong supplies by the supplier where instead of 48 cartons of socks, 47 cartons of menís hand gloves and leggings were supplied. Consequently, the o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ER No.55440-55441/2016 - Dated:- 25-11-2016 - MR. S.K. MOHANTY, MEMBER (JUDICIAL) And MR. ASHOK K. ARYA, MEMBER (TECHNICAL) Present for the Appellant: Mr. Alok Yadav, Advocate Present for the Respondent: Mrs. Suchitra Sharma, D.R. PER: ASHOK K. ARYA The appellants, namely, M/s. M.B. Marketing and Shri. Sandeep Chabra filed these appeals against the order dated 31.12.2014 passed by Commissioner (Appeals) whereunder Order-in-Original No.53/2013 dated 22.10.2013 has been sustained. 1.1 The matter p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

examination, it was found that in place of 48 packets of socks, 47 Packets men s hand gloves and leggings were found. 3.2 Revenue also makes a mention that the goods which were declared scarf mixed colour were of three different constitutions/kinds and the appellant importer, the M/s. M.B. Marketing did not give correct classification for the said goods, namely, scarf. 3.2.1 The Department agrees with the classification given by the importer -appellant in case of one type of scarf, which was ha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on has to be under Chapter Heading 6214 9060 under Customs Tariff whereas the importer appellant contested the classification and says that for these kinds of scraf it should be either Chapter Heading 6117 8090 or Chapter Heading 6214 3000. 3.2.3 The Department finally changed the classification for these two varieties of scraf from declared classification of 6117 8090 to 6214 9060. 5. Department s consistent stand is that this is a case of mis-declaration of description, quantity and value of g .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ven variety) under Chapter 6214 9060 where duty is BCD of 10% or ₹ 75 per piece, whichever is higher. The appellants state that these goods deserve classification either under 6117 8090 or under 6214 3000 and under both these headings rate of duty is same i.e. BCD of 10%. 4.2 In the case of charge of misdeclaration of value, the appellants rely on the following case laws:- 1. Bansal Industries vs. CC, Chennai reported in 2002 (147) E.L.T. 967 (Tri. - Chennai) 2. CC, Mumbai vs. Bureau Verit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

import documents as socks (48 packets), the consignment had 46 cartons of men s hand gloves and one carton of leggings. There has been statement on record of the Proprietor, Shri Sandeep Chabra of the importer firm, M/s. M.B. Marketing on the non-receipt of socks and in its place receipt of hand gloves and leggings; it was a technical mistake and they had no intention to evade customs duty though in the statement he also accepted the value and classification of the goods decided by the Revenue. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n of description, quantity, and value loses its force. 6.1 The importer also argues that Department s valuation is arbitrary and there is no evidence and the reason for said enhancement. The importer states that they have certificate from the supplier about the genuineness of the declared price and out of ignorance the representative/owner, of the importer firm agreed to Department s valuation/classification, and thus, paid CVD, whereas they are entitled to exemption of CVD under Notification No .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

just and proper, in the light of investigations and test reports. 6.2 From the above reproduction, it is clear that there is no proper application of mind by the Commissioner in deciding the matter by way of the impugned order. He has simply sustained the Order-in-Original without examination of full facts and evidences on record. In the Order-in-Original dated 22.10.2013 the Additional Commissioner decides the classification of the goods, namely, scarves of variety mentioned as sample (A) and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f headings i.e. 6117 8090, 6214 3000 and 6214 9060 are given below:- CHAPTER 61 Articles of apparel and clothing accessories, knitted or crocheted Tariff Item Description of goods Unit Rate of duty Standard Preferential Area (1) (2) (3) (4) (5) 6117 OTHER MADE UP CLOTHING ACCESSORIES, KNITTED OR CROCHETED; KNITTED OR CROCHETED PARTS OF GARMENTS OR OF CLOTHING ACCESSORIES 6117 10 Shawls, scarves, mufflers, mantillas, veils and the like 10% - 6117 80 - Other accessories u 10% 6117 80 90 - Other u .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

10% 6214 90 - Of other textile materials 6214 90 60 - Shawls, mufflers and the like of man-made fibres…. u 10% or ₹ 75 per piece, whichever is higher 6.3.1 The Revenue s classification 6214 9060 cannot be made applicable here as the description given for this Chapter sub-heading does not include scarves here. Item of Synthetic fibers find place only under Chapter 6214 3000 of Customs Tariff. The Chapter Heading preferred by the importer i.e. 61178090 will also not cover the scarves .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

at Sl. No.16 of the table annexed to this Notification No.30/2004-CE (supra) the said goods are entitled to the benefit of said Notification. 6.4 Once the classification determined by the Department has been held as not valid the charge of mis-declaration in respect of description, quantity and value of the goods by way of suppressing of the facts with intent to evade payment of duty cannot be sustained. 9.2 The Department has rejected the transaction value in the case of the goods, namely, scar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

News: Notification Issued For GST Actionable Claim On Branded Food Products

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

Article: 20 Things You must know about E Way Bills in GST Law

Article: MISTAKES IN DRAFTING

Forum: Duty Drawback- Urgent

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Ė Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act

Notification: Rates for supply of services under CGST Act

Highlight: Acceptance of deposits by companies from its members - conditions relaxed in case of Specified IFSC Public company and a private company - Rule 3 amended

Notification: Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017

News: Tax Payers Advised To Confirm Identities Of Income Tax Search Authorities

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Forum: GST Invoice

Notification: The Customs and Central Excise Duties Drawback Rules, 2017

Circular: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg.

News: GST implementation smoother than expected: Jaitley

Forum: GST - TRAN1 - filed - Data uploaded with Remarks Processed with Error - Not coming in Electronic credit ledger - need suggession guidance

Forum: 3B mistake

Forum: Input tax credit

Forum: Excise duty credit on finished stock at additional place of business.

Forum: Due date of Filing TRAN-1

Highlight: Diversion of income at source - Joint venture agreement - 97% of the receipt transfer to M/s TRG Industries (P) Ltd. - scope of the agreement - it is diversion by overriding title - not taxable in the hands of assessee - HC

Highlight: Expenditure on eligible projects or schemes u/s 35AC - After 01.04.2017 the legislature desired to withdraw such deduction. - The Union legislature was competent to introduce such amendment - HC

Highlight: Transfer of trading assets at cost price, the profit component also stood transferred to the outgoing Directors, which otherwise belonged to the Company - the fact that AO has made the addition in the hands of the Directors would not make any difference - additions confirmed - HC

Highlight: The interest u/s 234B of the Act cannot go beyond the stage of S.245D(I) before the Settlement Commission - HC

Highlight: Galvanized iron pipe is a different commercial commodity than a iron pipe, therefore the activity of galvanization in our considered opinion amounts to manufacture - Deduction u/s 80-IB allowed - HC

Highlight: Penalty u/s 271C - non deduction of TDS on interest paid to sister concerns in terms of Section 194A - Levy of penalty confirmed - HC

Highlight: Disallowance of interest - reference to section 179 - The legislature has also recognised, that the doctrine of lifting of veil in the matter of tax dues is to be applied to prevent fraud etc. and not where the company has suffered despite its normal bona fide function. - HC

News: RBI Reference Rate for US $

Notification: Amendment in Notification No. S.O. 3118(E), dated the 3rd October, 2016

Highlight: Discount on ESOP to be allowed as business expenditure u/s 37(1), during the years of vesting on the basis of percentage of vesting during such period, subject to upward or downward adjustment at the time of exercise of option.

Notification: Central Government appoints the 20th September, 2017 as the date on which proviso to clause (87) of section 2 of the Companies Act 2013, shall come into force

Notification: Companies (Restriction on number of layers) Rules, 2017

Highlight: Penalty u/s 271(1)(c) - additional income disclosure - surrender of income post survey u/s 133A - he disclosure made by the assessee is voluntary in nature, in the revised return - no penalty

Highlight: Reopening of assessment - notice u/s 148 issued on the directions of JCIT / CIT - a perusal of reasons for initiating reassessment proceedings clearly show that they are against the sprit of provisions u/s 147

Highlight: MAT - Adjustment to book profit - computation u/clause (f) of Explanation-1 to section 115JB(2) is to be made without resorting to the computation as contemplated u/s 14A r.w.Rule 8D of I.T. Rules.

Highlight: Addition on account of alleged suppression of service value received - the addition made simply believing the Form 26AS will be an arbitrary exercise of power which cannot be sustained

Notification: Exempts intra state supply of heavy water and nuclear fuels from DAE to NPCIL

Notification: Seeks to amend notification No. 12/2017-UTT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 11/2017- UTT(R) to reduce CGST rate on specified supplies of Works Contract Services

Highlight: Liability to pay duty on import of software - Though no authorization was given by the appellant to DHL, it is an undisputed position that the software has, in fact, been ordered by the appellant and have been delivered to them by DHL - the appellant is to be considered as the importer



|| 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