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Last Updated : Monday 7th June, 2010 - 11:08am
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Exchange Rate for the purpose of import and export with effect from  19th December , 2014 Continue reading | Procedure for export of Certified Organic Products has been deferred till further orders. Continue reading | Authentication of supply invoice/ ARE-3 by the Central Excise Authorities for Claiming Deemed export benefits Continue reading | Amendment to CESTAT Appeal Forms -CBEC issues guidelines Continue reading | Govt. amends exchange rate for Japanese Yen Continue reading | PAC Bats for Revamping of 6 Economic Intel Agencies Continue reading | Central Government exempts all goods donated or purchased out of cash donations, for the relief and rehabilitation of the people affected by the floods in the State of Jammu and Kashmir Continue reading | Central Government exempts all goods when imported into India and intended for donation for the relief and rehabilitation of the people affected by the floods in the State of Jammu and Kashmir Continue reading | Definitive anti-dumping duty imposed on imports of Clear Float Glass of nominal thicknesses Continue reading | Specified officers of DRI and DGCEI to attend to work relating to adjudication of case where show cause notices of short levy / non levy of customs duty have been issued under section 28 of the Customs Act 1962. Continue reading |
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Category Archives: Settlement Commission
   

Settlement Commission

2004-ITS-010-SETTLEMENT-IN RE : MAHALAKSHMI SPINNERS LTD. , dated 7-6-2004

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

2009-ITS-006-SETTLEMENT-IN RE : DINESH TOBACCO INDUSTRIES , dated 22-7-2009

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

2009-ITS-004-SETTLEMENT-IN RE : ALCHEM INTERNATIONAL LTD., dated 4-5-2009

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

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-005-SETTLEMENT-IN RE : ASHWANI TOBACCO COMPANY PVT. LTD. , dated 29-4-2009

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-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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