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Priyesh Chemicals and Metals Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2000)(70)ECC118

..... priyesh chemicals & metals imported in february, 1995 zinc ash which was liable to additional customs duty (counter-vailing duty) under section 21 of customs tariff act, 1975.the additional duty so leviable is equal to the excise duty for the time being leviable on a like article if produced or manufactured in india. ..... the advantage of the notification dated december 4,1979 is available provided both the conditions are satisfied, the conditions being that the goods are imported from raw naphtha and on which the appropriate amount of excise duty has already been paid. ..... a condition of the said notification was that artificial or synthetic resins is manufactured from raw naphtha "on which the appropriate amount of duty of excise has already been paid" ..... thus, only if the zinc ash in question was manufactured from duty paid inputs, it would be eligible for the exemption. ..... claim to the exemption was rejected on the ground that the goods did not satisfy the aforesaid condition.3.1 the appellant's claim was that, since the like article produced in india was wholly exempted from central excise duty, there is no equivalent additional duty to be collected. ..... there is no dispute that exemption notification under central excise act and rules applied to imported goods for the purpose of levy of additional duty of ..... domestic production of zinc ash was liable to central excise duty under chapter 26 of central excise tariff subject to the exemption under notification 19/88 during the period of import .....

Pt Poly Sinda Eka Parkasa Vs. Designated Authority/Ministry

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2005)(185)ELT358TriDel

..... dumping and its injurious effect so far as the articles exported by the exporter giving the price undertaking are concerned and that the imposition of anti-dumping duty on such exporter is primarily meant for the protection of domestic industry and not just for raising the revenue.13.2 before accepting an undertaking aimed at the elimination of injury, the designated authority would normally consult with the complainant to seek its views on the levels of pricing ..... sysed jaffer and sons, secunderabad, ap reported in 1993 supp (1) scc 754, in which the supreme court held in paragraph 6 of the judgment that, though there was no inherent right of appeal to any assessee and it had to be spelt from the words of the statute, if any, providing for an appeal, it was an equally well-settled proposition of law, that if there is a provision conferring a right of appeal, it should be read in a reasonable, practical and liberal manner.arguments on behalf of the ..... reasons for such non-acceptance and give it an opportunity to make its comments thereon.the reasons of non-acceptance of a price-undertaking ought to be explicitly written in the final determination to enable a meaningful consideration of such quasi-judicial act of the administrative officer by a higher judicial forum.14.3 the level of price increase under a satisfactory price undertaking would be equivalent to a dumping margin established in the preliminary determination. .....

Khabros Steel India Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... this purpose, the case should be re-examined and appellants shall be afforded another opportunity to produce any collateral evidence to establish before the commissioner that the goods under the impugned ar.4 have been exported.it is clear from the above direction that the dispute was to be decided based on collateral evidence about the export, inasmuch as it was already noted that original documents about export were not available.all the same, the ..... the difference in gr numbers mentioned in the bill of lading as well as shipping bill, the submission of the learned consultant is that the correct number is the one mentioned in the shipping bill and this position will be clear from the fact that connected banking correspondence of the reserve bank of india mentioned this gr number and the same amount as mentioned in the shipping bill. ..... there is no evidence of clandestine manufacture or sale of the goods in the domestic market without payment of duty by unauthorised use of non-duty paid capital goods or imported raw ..... contention of the learned consultant is that since the container number in the bill of lading and the gr number are the same as the container sent from the factory, it should be accepted that the goods cleared from the factory were placed on board the vessel. ..... submission of the learned consultant is that it is well settled that when goods are confiscated, redeeming of the same would be on discharge of duty liability in terms of section 125(2) of the customs act. .....

Kalyani Steel Ltd. Vs. Designated Authority/Ministry

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(110)ECC676

..... -term review when such trend is evident, it should ring as an alarm bell against revocation of the anti-dumping duty because the threat of injury would be writ large and the removal of the protective umbrella of the existing anti-dumping duty will translate the threat of material injury into a stark reality.15.3 the impact of dumped imports on the domestic industry can be judged from the state of profits. ..... has been preferred by the appellant domestic industry under section 9c of the customs tariff act, 1975 challenging the customs notification ..... disclosure statement as contemplated by rule 16 was made known to the interested parties on 10.5.2005 and the comments received were duly considered in the findings, as noted by the designated ..... provisions to section 9a(5) of the customs tariff act, 1975 and rule 23 of the said rules which have a bearing on review for "earlier revocation" and also on the review for continued imposition of duty on expiry of five years are reproduced hereunder: section 9a(5)-the anti-dumping duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: provided that if ..... findings and the notification withdrawing the duty contrary to the provisions of the act and the rules are therefore, illegal and deserve to be set aside. ..... in fact, under section 9a of the act anti-dumping duty is required to be imposed to the extent that it may not exceed the margin of dumping in relation to .....