SIGN IN SUBSCRIBE

News Update

PM to hold roadshow in Puri on MondayViolations of economic sanctions: Criminal penalties come into forceBengaluru Customs nabs 4 pax with gold powder worth Rs 1.96 CroreKejriwal’s assistant put in police custody for 5 days in Swati Maliwal caseAllahabad HC upholds decision to dismiss judicial officer demanding dowryNawaz Sharif alleges former Chief Justice plotted to oust him as PM in 2017Heavy downpours claim 50 lives in Central AfghanistanSoaring funeral costs compelling people to let go bodies unclaimed in Canada9 pilgrims burnt to death as bus catches fire near Nuh in HaryanaSpain denies dock permission to Indian ship carrying arms to Israel12 Unicorns, over 125 startups commit to onboarding ONDCBEML secures Rs 250 crore order from Northern Coal FieldsBharat Parv celebration takes centerstage at Cannes Film FestivalSteel industry should work towards reducing emissions: Steel SecretaryI-T - Additions framed on account of unexplained cash credit & unexplained money, are not tenable where cash deposits & withdrawals were of personal funds & were done through banking channels: ITATUS says not too many vibrant democracies in the world than IndiaI-T - Benefit of section 11(2) can not be denied merely on reasoning that form 10 is filed belatedly: ITATIndia says Chabahar Port to benefit Central Asia and AfghanistanRussia seizes Italy’s UniCredit assets worth USD 463 mnCus - Order re-determining transaction value based on CRCL test report is not correct & hence unsustainable: CESTATCus - If price is not sole consideration for sale, then transaction value can be rejected under Rule 8 of Export Valuation Rules & then must be redetermined sequentially through Rules 4 to 6: CESTATSC upholds ICAI rules capping number of audits per year
 
Cus - Zinc dross/skimming were not recognized in law as excisable goods - imports prior to 10.05.2008 not liable to CVD: CESTAT

By TIOL News Service

MUMBAI, JULY 28, 2017: THIS is a Revenue appeal filed in the year 2007.

The facts are that Imports of Zinc Skimming were made prior to 10.05.2008.

The Division Bench observed –

+ Goods are liable to excise duty if twin test is satisfied as has been held by the Apex Court in the case of Tata Iron & Steel Co. Ltd. – 2003-TIOL-94-SC-CUS.

+ During the relevant periods when zinc dross and zinc skimming came to India, such goods were not recognized by law to have been excisable goods for levy under Central Excise law.

+ Explanation to Section 2(d) of the Central Excise Act, 1944, prescribing capability of marketing as criteria to levy excise duty was inserted w.e.f. 10.05.2008. Therefore, when there was no manufacture of excisable goods, the import shall not be liable to additional duty of customs.

Revenue's appeal was dismissed.

(See 2017-TIOL-2642-CESTAT-MUM)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.

TOP NEWS

AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST