the Appellate Tribunal was right in holding that the second reassessment proceedings were not validly initiated and thereby quashing the reassessment proceedings-the proceedings initiated by the AO for the second time under Section 147 is barred by limitation-even the proviso to Section 147 does not come into play on the facts of the case-AIT-2010-373-HC   Even if the goods belong to same entry, manufacture does take place if new identifiable/marketable goods known in market emerge due to operation conducted-the process of ironing applied to the stiched brassieres prior to their packing was a process incidental to the completion of the brassieres as a manufactured product-process of purification and filtration being incidental or ancillary to the manufacture of a marketable product, the Respondent was entitled to Modvat credit on the inputs involved-AIT-2010-370-HC   Larger Bench of CESTAT rules the Tribunal has ample power to condone the delay in filing the appeal including the one filed under section 35 E (4)-AIT-2010-372-CESTAT Corruption in IRS takes its toll-Deputy Commissioner of Income Tax Dhananjay Kumar arrested by CBI in Mumbai-Joint Commissioner of Customs & Excise Hemant Kothikar also arrested by CBI     FM directs expediting of Cadre Restructuring in CBDT & CBEC      Tariff Value for import of Brass Scrap is 3924-Customs Non-Tariff Notification No. 78    Chief Justice of Gauhati High Court Justice Ranjan Gogoi to be Chief Justice of Punjab & Haryana High Court    Anti-dumping duty on imports of Acrylic  Fibre originating in, or exported from Japan and Belarus-Customs Tariff Notification No.85  Prescribing SION for new product “Propylene” under Chemical & Allied Products Group-DGFT PN 7    Inclusion of Finished Leather in the Focus Product Scheme of FTP-DGFT PN 6    Exchange Rate for imported goods is Rs 47.25 per US Dollar and Rs 60.35  per EURO-Exchange Rate for export goods is Rs 46.30 per US Dollar and Rs 58.70 per EURO-Customs Non-Tariff Notification No. 77-Click on Exchange Rate for details   Anti Dumping Duty under the Notification No.15/2007 is not applicable to Spandex Yarn (Elastomeric yarn)-Customs Circular No.30    Import of goods under Notification No.13/2010 for Commonwealth Games, 2010-Customs Circular No.31    Larger Bench of CESTAT rules charges towards pre-delivery inspection and after-sale-service by dealers from buyers of the cars to be included in the assessable value of cars for payment of excise duty-AIT-2010-366-CESTAT    merely because there was non accounting of goods, penalty was technical and inference of clandestine removal was not called for-AIT-2010-365-HC  ITAT rules provision for doubtful debts and provision for standard debts are to be taken into consideration for computation of book profit u/s. 115JB of the IT Act-AIT-2010-361-ITAT    HC rules slitting of aluminum foils into customized width, mounting the same on the printing machine and thereafter printing the necessary text thereon is covered for 80IB benefit as it  falls within the ambit of the term “produce”-AIT-2010-363-HC    Definitive Anti-dumping duty imposed on imports of Coumarin, originating in, or exported from China-Customs Tariff Notification No. 82   Special Bench of ITAT Ruling-where a forward contract is entered into by the assessee to sell the foreign currency at an agreed price at a future date falling beyond the last date of accounting period, the loss is incurred to the assessee on account of evaluation of the contract on the last date of the accounting period i.e. before the date of maturity of the forward contract-AIT-2010-355-ITAT-SB       
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How DRI caught Amitabh and Abhishek Bachchans for alleged smuggling

AIT News Network

Amitabh and Abhishek BachchanMUMBAI. What Customs of Mumbai Airport could not do while Amitabh Bachchan and Abhishek Bachchan walked through the green channel from Mumbai International Airport with dutiable goods worth over Rs 1 Crore without paying any Customs duty, DRI has done by booking the duo for allegedly smuggling the dutiable goods in India as DGRI (Directorate-General of Revenue Intelligence) was acting on hard evidence against Bachchans.

                Bachchans are said to have claimed VAT from VAT Counter at London’s Heathrow Airport on expensive goods purchased from Fashion and Designer Shops in London exported by them in April 2007 in their baggage to India on the strength of a declaration cum VAT refund form filed by them at London Airport. But after landing at Mumbai Airport Bachchans forgot to declare the said goods and considered the value of the said goods within their free allowance of Rs 25000/- and, therefore, confidently and innocently walked through the green channel.

                What landed the duo in trouble was the evidence about the VAT refund of huge amount claimed by the duo in London received by DRI in India. Faced with the investigation and hard evidence; Bachchans had no option but to pay Customs duty of around Rs.36 Lakh alongwith the interest at the rate of 13 per cent. It was because of their celebrity status that the Bachchans were not arrested by DRI. Had there been another passenger; he would have been arrested for smuggling of expensive goods. But Bachchans are still to be slapped the show cause notice for penalty under Customs Act which is also equal to the customs duty involved in such cases. 

                Bachchans also failed to take any lesson from the case of a Delhi based Prominent Industrialist (who also incidentally happens to be a relative of Bachchans) who was arrested by DRI in 2004 on landing from London after crossing green channel with designer wear. He also claimed VAT refund of huge amount at Heathrow Airport. He had to remain behind the bars for several days and was bailed out by Delhi High Court.

                But Bachchans are too busy to take care of their affairs. It is for their Secretaries to take care of their affairs. It is high time Bachchans should take their Customs duty payments seriously.

                If the allegation of smuggling of imported goods above Rs 25 Lakhs is confirmed in adjudication proceedings under Customs Act; the importer of goods can also be prosecuted for smuggling by the Customs Department in a Court of Law. 

 

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