Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1326

Benefit under Notification No. 26/2000-Cus on Import of polished Marbles slabs

Case: ORIENTAL TILES LTD v/s COMMISSIONER OF CUSTOMS (PORT), KOLKATA
 
Citation: 2011 (270) E.L.T. 664 (Tri. - Kolkata)
 
Issue:- Denial of benefit Under Notification No. 26/2000-Cus on import of polished Marble slabs.
 
Brief Facts:- Appellant made import of marble slabs declaring the same as polished marble slabs from Sri Lanka from their subsidiary company and claimed the benefit of Notification No. 26/2000 read with Notification No. 19/2000-Cus. The goods were provisionally released as the import was made from subsidiary company and the issue of valuation was finalized. Subsequently customs officers visited the premises of the Appellant and on visual examination found that the marble slabs which were imported un­der 21 bills of entries were not completely polished. Thereafter, Show Cause Notice was issued and impugned order was passed denying the benefit of exemption Notification and confiscated the goods and imposed penalties. The goods were reclassified the goods under chapter heading 25151220 of Customs Tariff as rough marbles.
 
Appeal is in appeal before the Tribunal.
 
Appellant’s Contention:- Appellant contended that the rough marble slabs were im­ported from

 

Omanto Sri Lank by declaring the value at US Dollar 11.39 per square metre where the same had undergone the process of polishing. Thereafter these marble slabs were imported into India by declaring the price between US Dollar 16 to18 per square meter. It is also submitted that the CVD (countervailing Duty) as applicable was also paid at the time of import. Revenue is deny­ing the benefit of Notification only on the ground that the final process of manu­facture is not performed within the territory of exporting country. The Applicant has sufficient machinery/equipment at their unit in Sri Lanka to convert the marble slabs to polished marble slabs and after import the polished marble slabs were sold in the market. There is no factory or equipment in India where the imported slabs further worked upon. The buyers of the marble slabs at the time of fixing may have taken some finishing touches to remove the dust etc. The contention is also that the Revenue is not relying upon any expert opinion or trade opinion whether the stabs in question were polished or not. It is also submitted that the dispute in respect of payment of CVD duly in respect of polished marble slabs imported by the applicant was settled by the Calcutta High Court vide Order dated 18-5-2006 held that polished marble which has been imported by the Appellant into India cannot be termed as manufacture of that goods in India.
 
Respondent’s Contention:- Revenue contended that the premises of the Appellant was visited and it was found some slabs were lying which were not termed as polished marble slabs. The statement of the employee also shows that the slabs require polishing for use. The Revenue relied upon the conditions of the Notification No. 19/2000-Cus. (N.T.) whereby it has been provided that the final processes of manufacture is to be performed within the territory of exporting country as the final process i.e. polishing has not been completely performed at the importing country i.e. Sri Lanka hence the benefit was rightly denied.
 
Reasoning of Judgment:- The Tribunal noted that Revenue is denying benefit of Notification on the ground that as the marble slabs were not completely polished at the country therefore benefit is not available to the appellant. The Director of the importing firm in his statement gave the details of the equipment/machinery available at their factory in Sri Lanka and also the processes undertaken including polishing on the rough marble imported into Sri Lanka. The Revenue is only relying on the statement of employee where he simply stated that some polishing is required for use.
 
The Tribunal held that allegation in the Show Cause Notice is not that the goods found at the premises are rough marble, allegation is that the marble is not completely polished. There is no evidence to show that Appellant had undertaken any process which can be termed as polishing after import. The goods were sold after import and the customers may have undertaken finishing touches after fixing the mar­ble. The issue whether the marble slabs imported by the Appel­lants are liable to pay CVD (Countervailing duty) and finally decided by the Calcutta High Court vide order dated 18-5-2006 and the High Court treated the goods as polished marble which has been imported by the Ap­pellant into India and held that the activity undertaken by the Appellant does not amount to manufacture of goods in India.
 
There is no technical or trade opinion obtained by the Revenue re­garding the conditions of the slabs found at the premises of the Appellant and visual examination is only to the extent that the same is not completely polished.  
 
Decision:- Appeal allowed.
 
Comment:- The allegation by the department has to be supported by expert opinion and not based on employee of the company. Everyone knows that the department uses pressure for obtaining such statements. This verdict is very important for consultants.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com