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Last Updated : Monday 7th June, 2010 - 11:08am

A new laboratory is added for purpose of certification/grading of diamonds of 0.25 carats and above under paragraph 4A.2.1 of Foreign Trade Policy, 2009 - 2014. Continue reading | Seeks to notify the “resident firm” as the class of persons for the purpose of sub-clause (iii) of clause (b) of section 96A of the Finance Act, 1994. Continue reading | Seeks to notify the “resident firm” as the class of persons for the purposes of section 23A of the Central Excise Act, 1944 so as to extend the scheme of Advance Ruling to Resident Firm. Continue reading | Seeks to amend Notification No. 16/2014-CE (NT) dated 21st March 2014 to make its provisions applicable to registered importers. Continue reading | Seeks to amend Central Excise Rules, 2002 to interalia provide for i) Issue of digitally signed invoices and preservation of records in electronic form by a manufacturer; ii) Application of certain provision of these rules to registered importer also Continue reading | Seeks to amend Notification No. 35/2001-CE (NT) dated 26th June 2001 so as to simplify registration process. Continue reading | Seeks to amend Cenvat Credit Rules, 2004. Continue reading | Seeks to amend Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 notified vide Notification No. 30/2008-CE (NT), dated 1st July, 2008. Continue reading | Seeks to amend Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010 notified vide Notification No. 11/2010-CE (NT), dated 27th February, 2010 Continue reading | Seeks to amend Notification No. 23/2003-CE, dated the 31st March, 2008 so as to omit certain entries and increase the rate of excise duty from 12% to 12.5% in respect of certain entries Continue reading |
Category Archives: Settlement Commission

Settlement Commission


Commission had jurisdiction to deal with the matter – Sections 127A and 127B of Customs Act, 1962. [2004 (165) E.L.T. 499 (Guj.) followed]. Continue reading

2009-ITS-001-SETTLEMENT-IN RE : D.C. TRADING , dated 22-7-2009

 Applicant accepted the allegation of underinvoicing which has gone on for a period of over three years – Applicant discharged the liability of entire differential duty along with interest – Allegation of underinvoicing not refuted – Adjustment of Rs. Ten lakhs deposited in the account of one of the co-applicants allowed although they are separate entities but they are a part of same family concerns/firms – Allowing such an adjustment would cause no harm to Revenue’s case Continue reading


Under invoicing carried on for over three years and duty evasion running into few crores of rupees – In such case complete immunity from penalty cannot be granted even though entire duty along with interest was paid promptly – Sections 127C and 127H of Customs Act, 1962. Continue reading

2009-ITS-002-SETTLEMENT-IN RE : ASHOK KUMAR JAIN , dated 6-5-2009

Wrist watches notified under Section 123 of Customs Act, 1962 and imported as baggage in present case – Value of goods declared as Rs. 12,000/- in Disembarkation Card and bill of entry not filed – Show cause notice invokes both demand of additional duty and re-determination of value and covered under short levy on account of undervaluation – Disembarkation Card not requires declaration of description and quantity of goods brought as baggage and hence, baggage cases covered under category of undervaluation – Impugned matter relating case of levy, assessment and collection of customs duty – All cases of non-levy are cases of short-levy Continue reading


Sub-rule (3) of Rule 6 of Cenvat Credit Rules, 2004 not authorizes collection of new levy as percentage of value of exempted goods where records enable computation of Cenvat credit taken in respect of exempted goods – Provisions not intended as penal measure if assessee opts for non-maintenance of separate accounts – Tribunal decision in 2008 (228) E.L.T. 452 (Tribunal) holding requirement to pay amount as per rule ceases once credit reversed, applicable – Full and true disclosure made – Immunity from prosecution granted and duty, interest and penalty quantified and settled
Continue reading


On plea of applicant that a 41 kg. bag was containing 3700 pouches, the Bench would like to clarify that so far as the bags weighing 41 kgs. are concerned, the SCN figure of 5200 pouches of 7 gms. was not given a go bye by the Commission. In fact, it was only in order to simplify the calculations that the figures were converted into 3700 pouches of 10 gms. on the pro-rata basis. Arithmetically, this did result in extra addition of 6 kgs. per bag which was ignored so as to round off the figure. Continue reading

2009-ITS-003-SETTLEMENT-IN RE : MANSOOR ARTS , dated 29-4-2009

Import of goods using other’s IEC – Undervaluation accepted and duty deposited more than amounts demanded in show cause notices – Voluntary acceptance of higher duty liability to be rejected in view of hazy valuation scenario and instant acceptance by applicants – Evidence to support reduced duty liability in one instance, not produced and such acceptance of reduced liability rejected – Goods liable to confiscation and fine – Complete immunity from fine in lieu of confiscation granted considering demurrage Continue reading

2009-ITS-007-SETTLEMENT-IN RE : SUNIL GODHWANI , dated 4-3-2009

Applicant is a co-borrower who circumvented the two years ban on sale of car and took the car into his possession and use – Applicant would not become a co-borrower with a total stranger and would even pay the loan amount – Applicant had the knowledge about illegal import of said car and its liability to confiscation Continue reading

2008-ITS-001-SETTLEMENT-IN RE : B.N. THAKKAR & CO. , dated 23-6-2008

Immunity from penalty – No criminal complaint of fraud and cheating lodged by applicant with appropriate agency against alleged executor of fraud – Applicant cannot be acquitted entirely of his responsibility for damage caused by fraud Continue reading

2008-ITS-003-SETTLEMENT-IN RE : MANISH KALVADIYA , dated 20-12-2007

Applications pending from the year 2004 need to be heard earliest, especially further hearings are also required before February 2008 Continue reading

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