Recovery of duty foregone - non-fulfillment of export obligation ...

Tribunal Rules on Duty Recovery for Unmet Export Obligations and Non-Installation of Capital Goods.

March 21, 2024

Case Laws Customs AT

Recovery of duty foregone - non-fulfillment of export obligation - non-installation of the capital goods and consequent non-fulfilment of post-importation condition - The Tribunal observed that the imported goods were not installed as they were stored pending land acquisition for setting up a manufacturing facility. The appellant claimed to have fulfilled the export obligation within the extended time frame but failed to provide evidence of exports after installation. It was noted that the extension of time for installation did not automatically extend the deadline for fulfilling the export obligation. - The Tribunal deemed the confirmation of duty liability reasonable due to non-fulfillment of the export obligation within the prescribed period. - However matter remanded back for a fresh decision considering all relevant factors, including evidence of exports and entitlement to depreciation based on export performance.

View Source

← Previous Next →

Recovery of duty foregone - non-fulfillment of export obligation ...

Tribunal Rules on Duty Recovery for Unmet Export Obligations and Non-Installation of Capital Goods.

March 21, 2024

Case Laws Customs AT

You may also like:

CESTAT AHMEDABAD ruled on Anti-Dumping Duty (ADD) for imports of "Cold Rolled Flat products of Stainless Steel" from China. The issue was the fulfillment of Export...

Recovery of CENVAT Credit - capital goods - availability of credit when the production started become dutiable - even if the goods per se were exempted during the...

Import of Construction equipment - Violation of post-importation conditions of deployment - Benefit of N/N. 21/2002-Cus - recovery of duty - Despite non-utilization of...

CESTAT ruled that pan masala and gutkha exports could not be classified as "prohibited goods" merely for non-declaration of technical characteristics of inputs on...

Recovery/reversal of credit - Export of Goods - Credit was availed under Rule 16 on returned Goods - The view taken by the authorities below is that reversal of the...

Refund of CENVAT Credit - export goods or not - goods were cleared by the appellant, not for physical exports, but were cleared by them to their sister concern, who is...

EPCG Scheme - failure to fulfill the conditions stipulated in the license - failure to submit the export obligation discharge certificate EODC issued by the licensing...

Cenvat credit claims on spare parts considered as capital goods were rejected u/ss 11B and 12B of the Cenvat Excise Act. As per the definition of "Inputs" in Rule 2(k)...

Recovery of refund of unutilised input tax credit or integrated tax paid on export of goods where export proceeds not realised - Rule 96B of the Central Goods and...

The CESTAT held that Section 28AAA of the Customs Act, 1962, invoked by the Revenue for recovery of duty foregone, requires establishing collusion, willful...

Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017

CENVAT Credit - Removal of capital goods - Depreciation - Deduction of 2.5% to be applied from the date of availing credit, not from the date of receiving or putting to...

Capital goods cleared for export - whether duty is payable on the capital goods cleared for exports after use on which Cenvat credit was availed? - no duty is chargeable...

Input tax credit (ITC) on Basic Customs Duty (BCD), Countervailing Duty (CVD) and Special Additional Duty (SAD) - In case of the Applicant, Basic Customs Duty (BCD),...

Refund - Zero rated supplies - Computation of Turnover - sale of duty credit e-Scrips - Rule 42, Rule 89(4) and Rule 89(4B) of the CGST Act - The relevancy of the...

Quick Updates: