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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NOTIFICATION No. 73/2009-Customs

Dated: June 22, 2009

Whereas, in the matter of imports of Diethyl Thio Phosphoryl Chloride, commonly known as DETPC (hereinafter referred to as the subject goods), falling under heading 2930 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, the People's Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/18/2008-DGAD dated the 25th May, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th May, 2009, had come to the conclusion that –

a. the subject goods had been exported to India from subject country below its normal value, thus resulting in dumping of the product;

b.  the domestic industry had suffered material injury due to dumping of the subject goods; and

c.  the material injury had been caused by the dumped imports from subject country;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5), and produced by the producer specified in the corresponding entry in column (6), and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table

S.No

Heading

Description of goods

Country of origin

Country of export

Producer

Exporter

Amount

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1

2930

Diethyl Thio Phosphoryl Chloride (DETPC)

People's Republic of China

People's Republic of China

Yangxin Chentian Chemical Industry Co., Ltd.

Yangxin Chentian Chemical Industry Co., Ltd.

 

0.925

Kilogram

US dollar

2

2930

Diethyl Thio Phosphoryl Chloride (DETPC)

People's Republic of China

People's Republic of China

Lianyungang Liben Agro-chemical Co., Ltd.

Lianyungang Liben Agro-chemical Co., Ltd.

 

0.734

Kilogram

US dollar

3

2930

Diethyl Thio Phosphoryl Chloride (DETPC)

People's Republic of China

People's Republic of China

Xingtai Pesticide Co., Ltd.

Xingtai Pesticide Co., Ltd.

 

0.478

Kilogram

US dollar

4

2930

Diethyl Thio Phosphoryl Chloride (DETPC)

People's Republic of China

People's Republic of China

Zhejiang Xinnong Chemical Co., Ltd.

Zhejiang Xinnong Chemical Co., Ltd.

 

0.770

Kilogram

US dollar

5

2930

Diethyl Thio Phosphoryl Chloride (DETPC)

People's Republic of China

People's Republic of China

Any combination other than the above

 

 

1.362

Kilogram 

Per Kg

6

2930

Diethyl Thio Phosphoryl Chloride (DETPC)

People's Republic of China

Any country other than  People's Republic of China

Any

Any

 

1.362

Kilogram

US dollar

7

2930

Diethyl Thio Phosphoryl Chloride (DETPC)

Any country other than  People's Republic of China

People's Republic of China

Any

Any

 

1.362

Kilogram

US dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 21st December, 2009, and shall be payable in Indian currency.

Explanation . - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F. No.354/127/2009-TRU]

(Prashant Kumar)
Under Secretary to the Government of India.

 

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