Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1509

Mis-declaration of Goods - Reliance on Test Report of Privat Research Institute

Case: SHEEL CHAND INDUSTRIES VERSUS COMMISSIONER OF CUSTOMS, NEW DELHI
 
Citation: 2011 (274) E.L.T. 579 (Tri- Del.)
 
Issue:- Whether test reports relied upon by Revenue of Sri Ram Institute of Research is based upon standards of a private website can be relied upon to say that goods in question are Palm Fatty Acid Distillate?
 
Brief Fact:- Appellant- importer made import of goods and declared the goods as Mixed Fatty Acid and declared the value as US $ 210 per M.T. The goods were provisionally released after taking samples. On the basis of test a report which shows that the goods in question are Palm Fatty Acid Distillate, Revenue is of opinion that the importer had misdeclared the description of the goods and also misdeclared the value of the goods. The Show Cause Notice was issued for demand of differential duty as well as for imposition of penalties. The adjudicating authority confiscated the goods and allowed redemption of the same on payment of redemption fine of Rs. 2,00,000/- (Rupees Two Lakhs only) and also enhanced the value from US $ 210 per MT. to US $ 420 per M.T. and also confirmed the differential duty and imposed penalties.
 
Appellant’s Contention:- The Contention of Appellant is that the test reports which is relied upon by the Revenue of Sri Ram Institute of Research is based upon standards on a private website therefore the same cannot be relied upon to say that goods in question are Palm Fatty Acid Distil-late. It is also submitted that as samples were sent to C.R.C.L. and report is not complete therefore the finding of the adjudicating authority that importer misdeclared the description of the goods is not sustainable. In respect of valuation the contention of the Appellant is that Revenue relied upon the imports made by other importers in respect of Palm Fatty Acid Distillate as mentioned in Annexure 3 & 4 of the Show Cause Notice. As per Annexure 3 & 4 of the Show Cause Notice import from Malaysia and Sri Lanka origin respectively the price varies from US $ 170 per M.T. to US $ 450 per MT. and As per Rule 5 of Customs Valuation :- Rule 5(3). "In applying this rule, if more than one transaction value of identical goods is found, the lowest of such values shall be used to determine the value of imported goods”. The contention is that as the lowest value is US $ 170 per M.T. in case of Palm Fatty Acid Distillate imported from Malayasia and US $ 200 per M.T. case of goods imported from Sri Lanka hence in this situation the declared price by the Appellant is much higher than the lowest price as per Annexure 3 & 4 of the Show Cause Notice. Hence the demand is not sustainable.
 
Respondent’s Contention:- The Revenue relied upon the statements of the partners of the firm t the actual price of goods is US $ 420 per M.T. Revenue relied upon the international bulletin to show that the price in the international market of Palm Fatty Distillate at more than US $ 400 per M.T. Revenue also relied upon the test reports which shows that goods in question are Palm Fatty Oil Distillate. It is also submitted by Revenue that in the present case the adjudicating authority invoked provision of Rule 8 of Customs Valuation Rules.
 
Reasoning of Judgment:- The Tribunal found that Appellant declared the goods as Mixed Fatty Acid and as per test report, the goods were Palm Fatty Acid Distillate.  The test report shows that sample consisted of four different types of acids. For ready reference one of the test reports is reproduced below:-
 
The test report shows that the sample was of mixture of different fatty acids therefore in these circumstances the Tribunal found no ground to conclude that the importer had misdeclared the goods by declaring the same as Mixed Fatty Acid. In respect of valuation we find that the Revenue has enhanced the value on the basis of imports made as mentioned in Annexure 3 & 4 of the Show Cause Notice. In these annexure the Palm Fatty Acid, is imported at the lower price than declared by the importer. For example in annexure 3 the Palm Fatty Acid is imported at the price of US $ 170 per M.T. and in annexure 4 the goods were imported at US $ 200 per M.T. as stated above. As per the Rule 5 of Customs Valuation Rules in such a situation the lowest value has to be taken for determination of the value of goods. In the present case the lowest value is less than the value declared by the Appellants. There is no evidence on record to show that the importer has paid any consideration over and above the value declared to the supplier of the goods. Therefore in these circumstances we find merit in the contention of appellant. The impugned order is set aside and appeals are allowed
 
Decision:- Appeal Allowed.

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