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 March 2025 Year 2025 This

HC reversed CESTAT's ruling on concessional duty benefits for ...


Cement Importer Denied Duty Concession Under N/N. 4/2006-CE for Violating Direct Purchase and Usage Requirements

March 3, 2025

Case Laws     Customs     HC

HC reversed CESTAT's ruling on concessional duty benefits for cement imports. Importer violated notification conditions by purchasing cement through high-sea trade from non-manufacturer instead of directly from manufacturer, and using it for manufacturing hollow bricks rather than institutional/industrial purposes. The imported cement in 50kg retail packs failed to meet N/N. 4/2006-CE requirements. HC found CESTAT's order defective for ignoring factual evidence from Bills of Entry and importer's admission. The court emphasized that mere manufacturer details in Bill of Entry were insufficient for duty concession, as notification mandated direct manufacturer purchase and specified manufacturing mode/capacity requirements. Appeal allowed, favoring Department's position on duty assessment.

View Source

 


 

You may also like:

  1. HC held that concessional CVD rate under Notification No.4/2006-CE was incorrectly granted. The importer violated key conditions by: (1) purchasing through high-sea sale...

  2. The appellant had reversed CENVAT credit amount u/r 6(3) for goods cleared for export under Notification No. 4/2006-CE and claimed refund. CESTAT held that reversal u/r...

  3. Unconditional exemption or not - whether payment of duty is incorrect as per section 5A(1) - Notification No. 4/2006-CE - manufacturing of kraft paper - there is no...

  4. Cement cleared for export to Nepal - there is no statutory requirement to declare sale price (RSP/MRP) on the cement bags meant for export to Nepal - the benefit of the...

  5. The case involves supply of goods to power projects through international competitive biddings without duty payment. Appellant faced denial of exemption u/s N/N....

  6. 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...

  7. Applicability of exemption under Sr. No. 4 of the Notification 4 / 2006 - CE dated 1/3/2006 on import of Ore Concentrates - regarding. - Cir. No. 09 / 2012 – Customs...

  8. Rebate/ Refund claim - merchant exporters - The duty was paid @ 10% instead of 4% - rebate is admissible only to the extent of duty paid at the effective rate of duty...

  9. Notification no. 10/2006-CE dated 01.03.2006 benefit denied - power driven pump - prima facie the applicants have made out a strong case for waiver of pre-deposit - AT

  10. Valuation - MRP Valuation - cement in packed form (in 50 kg bags) - supply to industrial consumer or institutional consumer - though goods marked as not for sale, are...

  11. Exemption from declaring MRP on Cement Bags - It cannot be said that the depot of the manufacturer is a different entity and therefore the appellant is not eligible for...

  12. Levy of Customs duty - importer of vessel "M.V. Vishwa Yash" or not - deemed importer - as the permission was granted in favour of the SCI, the respondent cannot be said...

  13. Rectification of error - Period of limitation - The High Court observed that, there is no limitation prescribed for passing order under Section 22(4) of the TNVAT Act,...

  14. Benefit of Notification No. 6/2006 - The appellant is a manufacturer of water purification/filtration equipment – appellant is eligible for the concessional rate of duty...

  15. Duty demand u/s 28(1) of Customs Act, 1962, upon importer and transferee of license issued by DGFT - Liability of transferee for fraudulently obtained license - Levy of...

 

Quick Updates:Latest Updates