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Central Excise - Highlights / Catch Notes

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CESTAT held that the respondent's rebate claim based on CIF ...


Duty Refund Allowed: CIF Value Calculation Upheld, Extended Limitation Period Rejected for Transparent Valuation Process

April 17, 2025

Case Laws     Central Excise     AT

CESTAT held that the respondent's rebate claim based on CIF value was permissible under Central Excise law. The tribunal determined the respondent is eligible for full duty refund on CIF value, rejecting revenue's contention. The extended period of limitation was deemed inappropriate since the department was previously aware of the valuation issue. The tribunal emphasized that inclusion of freight and insurance in transaction value does not constitute fraud or intent to evade duty. Consequently, the revenue's appeal was dismissed, affirming the original adjudicating authority's order and ensuring revenue neutrality in the duty calculation process.

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