Tribunal Overturns Duty Decision on 'API Supari' Due to Misclassification and Ignoring Advance Ruling.

CESTAT Mumbai analyzed the case involving 'API supari' to determine the rate of duty and the applicability of Advance Ruling u/s 28J of Customs Act, 1962. The tribunal emphasized the jurisdictional limits of Advance Rulings and the burden of proof in classification. It clarified that Customs Authority for Advance Rulings (CAAR) does not enforce rulings and cannot limit their applicability. The ruling's binding nature on the applicant and customs administration was highlighted. The tribunal criticized the adjudicating authority for disregarding the advance ruling and failing to follow proper classification procedures. It noted the importance of consistent classification for tax policy formulation and criticized the lack of detailed scrutiny ..... .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X