Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The case involves a refund claim for Customs duty on Anhydrous ...


CESTAT ruled in favor of appellant's refund claim for Customs duty on Anhydrous Ammonia import. Appellant complied with conditions.

Case Laws     Customs

June 21, 2024

The case involves a refund claim for Customs duty on Anhydrous Ammonia import at a preferential rate. The appellant did not challenge duty assessment through RMS in EDI and paid duty via TR-6 Challan. Tribunal held that prior court decisions on challenging assessment do not apply as this case involves self-assessment under Risk Management System. The Revenue objected to the Certificate of Origin not matching the exemption Notification format or being issued by Malaysia Chamber of Commerce. However, the appellant later obtained the correct certificate from the same supplier. The appellant complied with the Notification conditions, entitling them to the refund under Notification No.53/2011-Cus. Appeal allowed.

View Source

 


 

You may also like:

  1. Adjustment of refund claim (rebate claim on export of goods) with demand stayed by the CESTAT

  2. CENVAT credit - What is the meaning of expression “which are exempt from the duties of customs” under rule 6(6)(vii) of CENVAT Credit Rules, 2004 - even 2.5% duty of...

  3. Refund claim was rejected as time-barred, having been filed beyond the one-year limitation period stipulated u/s 27 of the Customs Act, 1962. The appellant had...

  4. Eligibility to claim refund of IGST - The availing exemption under Notification No.79/2017-Cus dated 13.10.2017 in respect of additional duty of Customs under...

  5. Customs duty levied on imported goods destroyed by fire in SEZ units. SEZ units procured duty-free goods indigenously, availing exemptions under SEZ Act, 2005 and Rules,...

  6. Retrospective exemption granted from payment of any customs duty on import of "Rough diamonds (industrial or non-industrial)" for the period 1.7.2017 to 1.2.2022....

  7. Exemption from IGST - Re-import of aircrafts and parts thereof after repairs - the meaning assigned to duty of customs, as discussed above, is the meaning assigned to...

  8. The High Court upheld the CESTAT's ruling that the time limit of one year for filing a refund claim should be calculated from the date of final assessment, not from the...

  9. The case involves an appeal before CESTAT regarding continuation post Corporate Insolvency Resolution Process (CIRP) under IBC, 2016. NCLT approved a Resolution Plan...

  10. Claim of deduction of unknown liability towards customs duty - Deduction u/s 43B - Fresh claim before AO during the course of assessment proceedings - Since the assessee...

  11. Claim of refund amount on account of double-payment of Customs Duty

  12. Warehouse insured or not - fire incident - Loss of customs duty - Reimbursement of Customs Duty and unjust enrichment - To avoid any confusion, the customs duty...

  13. Provisions contained in Rule 8 does not absolve the assessee from substantial conditions of payment of duty of claim of rebate of duty under Rule 18 of Central Excise...

  14. The case involved a refund claim u/s 129A of the Customs Act, 1962 before CESTAT. The issue was regarding duty paid on re-importation of 'Ductile Iron Casting Manhole...

  15. Nature of Duty Paid by 100% Export Oriented Units (EOU) - The CESTAT held that while the measure adopted for computing duty paid by 100% EOUs may be based on customs...

 

Quick Updates:Latest Updates