100% EOU - Levy of Excise Duty on wastages - shortages - ...

Tribunal Rules Against EOU for Unpaid Duties on Iron Ore Losses; Extended Limitation Period Applied for Non-Compliance.

April 26, 2024

Case Laws     Central Excise     AT

100% EOU - Levy of Excise Duty on wastages - shortages - handling loss - The tribunal noted substantial discrepancies between the iron ore quantities reported and the actual quantities exported. The appellant argued these discrepancies were due to cumulative losses over several years, which were common in the industry. However, the tribunal found no proper documentation or verification from the appellant substantiating these claims. The tribunal found that the appellant had contravened the stipulated conditions by failing to pay duties on the iron ore claimed as handling losses. The concessions under the notification were not applicable due to non-compliance with the notification’s conditions. - The tribunal supported the invocation of the extended period of limitation.

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