Cement Import Exemption Allowed

The Chennai Bench of CESTAT allowed the appeal of an importer of Ordinary Portland Cement and held that concessional CVD under Clause 1C of Notification No. 04/2006-CE could not be denied merely because the cement was imported in 50 kg bags bearing printed retail sale prices. 

The Tribunal found that the imported cement was supplied exclusively to industrial and institutional consumers and not through retail channels. In the absence of evidence of retail sale, suppression or misuse of the exemption, the reassessment, differential duty demand, interest and penalty were set aside.