Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

M/s. Tamilnadu Petro products Ltd. Versus CCE, Chennai

2017 (9) TMI 875 - CESTAT CHENNAI

Concessional Rate of Duty - N/N. 26/1999-Cus. dated 28.02.1999 - imported as well as indigenous Kerosene used in the manufacture of Linear Alkyl Benzene (LAB) - provisional assessment - whether on the failure of the assessing authority in getting the full matter verified to his satisfaction before issuing final order, the Revenue can assert that the appellants deliberately mis-represented the facts to claim ineligible concession? - Held that: - Apparently based on the documents on actual consump .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing without reviewing the said order for further appeal - appeal allowed - decided in favor of appellant. - E/961/2006 & E/1001/2006 - Final Order No. 42016-42017/2017 - Dated:- 11-9-2017 - Ms. Sulekha Beevi C.S., Member (Judicial) And Shri B. Ravichandran, Member (Technical) Ms. Vishnupriya, Advocate, for the Appellant Shri A. Cletus, ADC (AR) for the Respondent ORDER Per: B. Ravichandran Both the appeals are against the order dated 24/08/2006 of Commissioner (Appeals), Chennai. 2. The appellan .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

escribed limit, the normal rate of duty shall be payable for the differential quantity. Since the consumption data has to be obtained later, the assessment was done provisionally. Later on the details furnished by the appellants, the original authority finalized the assessment by an order dated 26.07.2006. Later based on certain investigations conducted by the officers with the records of the appellants, Revenue initiated proceedings by issuing Show cause notices dated 13.05.2004 and 18.05.2004, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ovisional assessment which was on the concession available to the appellant under the said notification was finalized based on the documents and calculations submitted by the appellants. The original authority finalized the provisional assessment in July 2000 itself. The present proceedings, re-opening the said assessment, initiated by the SCNs issued in May 2004 by is not legally tenable. It is further submitted that any order passed in finalization of provisional assessment is to be reviewed b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

llant, it was revealed that the consumption data and various other particulars were not correctly given by the appellants. In fact, the particulars given were found to be incorrect and were based on certain estimates and not on actuals. When such being the case, the Revenue is well within its right to proceed against the appellants, for submission of wrong statements resulting in ineligible concession granted to them, at the time of finalization of assessment. Accordingly, he submitted that proc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nalized in July 2000 by issuing a speaking order. The order for finalization of assessment is a quasi-judicial order. In such circumstances, we are not in agreement with the Revenue to the effect that the said assessment can be re-opened invoking provisions of suppression, willful misstatement etc., much later. The documents which were verified by the Revenue to make such allegations were very much available at the time of finalization of provisional assessment. The assessing authority did not c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

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

Go to Mobile Version