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TMI BlogNew Customs CasesX X X X Extracts X X X X X X X X Extracts X X X X ..... New Customs Cases - Commentaries / Editorials Dated:- 11-5-2008 - News - 1 Customs - 2008 - TMI - 3910 - COMMISSIONER OF CUSTOMS (APPEALS), MUMBAI Refund claim of Rs.7,11,279/- for the interest paid on warehousing u/s 61 - held that the provisions of Section 27(which deals with the refund of duty and the interest paid on such duty) will not apply to impugned re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fund claim - Circular.475/39/90 has also clarified that warehousing interest is distinguishable from Customs duty - burden of interest paid on warehousing could not have been passed on to the customer as the same is paid at the time of clearance of the goods - refund admissible 2 Customs - 2008 - TMI - 3908 - SETTLEMENT COMMISSION CHENNAI Polyster ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fabrics imported in this case are nothing but fabrics(notified goods u/not. 204 issued u/s 123(2) - On basis of chemical reports Revenue holds that the goods don't tally with the particulars contained in the B/E on which the said goods had been admittedly got cleared - if goods have been seized under the provisions of the Act on the reasonable belief that they are smuggled goods, settlement appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation is not maintainable by virtue of third proviso to sub-section (1) of Section 127B 3 Customs - 2008 - TMI - 3907 - CESTAT, CHENNAI Based on the DRI letter, the Customs authorities rejected the declared value u/r 10A, Custom Valuation Rules enhanced the value of the goods - decision of the Commissioner of accepting enhanced value is arbitra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry - law mandated that, where the declared value was not acceptable, the correct value should be determined through a systematic process involving sequential application of the CVR - impugned order of confiscation penalty is set aside and this appeal is allowed 4 Customs - 2008 - TMI - 3902 - CESTAT, CHENNAI Motor and electrical items imported u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder a Technical Collaboration Agreement between the importer and the German co. - technical information in the form of documentation was also transferred by the German co. to the importer - technical information/assistance fee, trade mark fee paid by assessee to foreign collaborator are not includible in transaction value u/r 9(1)(c) and Rule 9(1)(d) resp. because there was no pre-condition of tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ansfer of technical assistance for sale of goods 5 Customs - 2008 - TMI - 3900 - CESTAT, BANGALORE Import of Super Kerosene Oil LPG - In IOC case Tribunal held that demurrage is not includable in the assessable value which was upheld by SC - amendment by circular dated Sept. 26, 2006 can't be given retrospective effect - once there is a CIF cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ract which includes the freight, no further addition can be made to the freight - demurrage can't be considered as cost of transportation - for the relevant period (Oct. 99 to Nov. 2004) we cannot hold demurrage would be includable in AV - News - Press release - PIB Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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