Benefit of no duty import allowed when goods jointly imported by financing company and EOU

Last updated: 08 June 2023

Save Share

Quick Summary

The CESTAT, Chennai has ruled that an Export Oriented Unit (EOU) and a financing company can jointly claim the benefit of duty-free imports for machinery. This decision overturns a previous demand for customs duty, recognising that the imported goods were indeed used by the EOU for manufacturing. The tribunal noted that while direct joint filing via the EDI system might be problematic, the principle of joint benefit remains valid, especially when the goods are put to use as intended.

Court :
CESTAT, Chennai

Brief :
The CESTAT, Chennai in the case of M/s. Same Deutz – Fahr India (P) Ltd. v. Commissioner of GST & Central Excise(Customs Appeal No.42175 of 2014, dated May 26, 2023) allowed the Export Oriented Unit (“EOU") and financing company jointly to enjoy the benefit of no duty imports when imported goods used by EOU.

Citation :
Customs Appeal No.42175 of 2014, dated May 26, 2023

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?

No Ads
WhatsApp Community
Daily E-Newsletter
Unlimited Judgements Access
Profile Visitors
Link Social Profiles
Featured Job Posts
Pro Badge
Expert GST Guidance
Unlimited Forum Replies
Download Content in PDF

1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

375 Views Comment Share Service Tax Report

Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

View Judgements

Comments