Excise & Customs : In view of circular No. 34/2007-Cus., dated 17-9-2007 separate chemically defined compounds are classifiable under Chapter 29
Excise & Customs : Since Circular enures to benefit of assessee to some extent, though assessee had not raised plea of undue hardship, case was still arguable - Hence, pre-deposit was reduced to Rs. 25 lakhs
■■■
[2014] 50 taxmann.com 172 (Madras)
HIGH COURT OF MADRAS
J.U. Pesticides & Chemicals (P.) Ltd.
v.
Customs, Excise & Service Tax Appellate Tribunal, Chennai*
R. SUDHAKAR AND G.M. AKBAR ALI, JJ.
C.M.A. NOS. 2442 & 2443 OF 2014
M.P. NO. 1 OF 2014 (2 PETITIONS)†
SEPTEMBER 2, 2014
Section 2, read with First Schedule, of the Customs Tariff Act, 1975 and section 2, read with First Schedule, of the Central Excise Tariff Act, 1985 - Classification - Chemicals - Stay Order - Chapters 28, 29 and 38 of First Schedule - Assessee imported chemicals and paid duty at concessional rate of 7.5% claiming classification under Chapters 28 and 29 - Department argued that goods imported
were for use as pesticides/ insecticides/ fungicides and were classifiable under Heading 38.08 at 10% duty - Commissioner (Appeals) ordered full pre-deposit and Tribunal ordered pre-deposit of Rs. 53 lakhs - HELD : Department relied upon judgment of Supreme Court under central excise, while CBEC had issued circular No. 34/2007-Cus., dated 17-9-2007 after said judgment and said Circular had not been considered by lower authorities and Tribunal - As per said Circular, separate chemically defined compounds are classifiable under Chapter 29 - Since said Circular enures to benefit of assessee to some extent, though assessee had not raised plea of undue hardship, case was still arguable - Hence, pre-deposit was reduced to Rs. 25 lakhs [Paras 7 to 13] [Partly in favour of assessee]
Circulars and Notifications : Notification No. 21/2002-Cus., dated 1-3-2002, Circular No. 34/2007-Cus., dated 17-9-2007
Excise & Customs : Since Circular enures to benefit of assessee to some extent, though assessee had not raised plea of undue hardship, case was still arguable - Hence, pre-deposit was reduced to Rs. 25 lakhs
■■■
[2014] 50 taxmann.com 172 (Madras)
HIGH COURT OF MADRAS
J.U. Pesticides & Chemicals (P.) Ltd.
v.
Customs, Excise & Service Tax Appellate Tribunal, Chennai*
R. SUDHAKAR AND G.M. AKBAR ALI, JJ.
C.M.A. NOS. 2442 & 2443 OF 2014
M.P. NO. 1 OF 2014 (2 PETITIONS)†
SEPTEMBER 2, 2014
Section 2, read with First Schedule, of the Customs Tariff Act, 1975 and section 2, read with First Schedule, of the Central Excise Tariff Act, 1985 - Classification - Chemicals - Stay Order - Chapters 28, 29 and 38 of First Schedule - Assessee imported chemicals and paid duty at concessional rate of 7.5% claiming classification under Chapters 28 and 29 - Department argued that goods imported
were for use as pesticides/ insecticides/ fungicides and were classifiable under Heading 38.08 at 10% duty - Commissioner (Appeals) ordered full pre-deposit and Tribunal ordered pre-deposit of Rs. 53 lakhs - HELD : Department relied upon judgment of Supreme Court under central excise, while CBEC had issued circular No. 34/2007-Cus., dated 17-9-2007 after said judgment and said Circular had not been considered by lower authorities and Tribunal - As per said Circular, separate chemically defined compounds are classifiable under Chapter 29 - Since said Circular enures to benefit of assessee to some extent, though assessee had not raised plea of undue hardship, case was still arguable - Hence, pre-deposit was reduced to Rs. 25 lakhs [Paras 7 to 13] [Partly in favour of assessee]
Circulars and Notifications : Notification No. 21/2002-Cus., dated 1-3-2002, Circular No. 34/2007-Cus., dated 17-9-2007
No comments:
Post a Comment