"18 February 2023" Archive - Page 5

Penalty u/s 114 of Customs Act not leviable on CHA for non-assurance of correct classification of goods

Chakiat Agencies Vs Commissioner of Customs (Exports) (CESTAT Chennai)

CESTAT Chennai held that Custom House Agent (CHA) cannot be expected to examine and ensure the nature of the goods in the consignment. Accordingly, penalty u-s 114 of the Customs Act cannot be levied on CHA alleging that they didn’t ensure correct classification of the goods....

Responsibility under regulation 10(n) doesn’t mandate customs broker to keep continuous surveillance on client

Sai Chhaya Impex Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi)

CESTAT Delhi held that responsibility of the Customs Broker under Regulation 10(n) does not include keeping a continuous surveillance on the client to ensure that he continues to operate from that address and has not changed his operations....

Repair and renovation of asset is allowable as revenue expenditure

Klaus Multiparking Systenms Pvt. Vs DCIT (ITAT Pune)

ITAT Pune held that expenditure incurred on repairs and renovation of the asset is revenue expenditure as no new asset has been created....

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