CESTAT Delhi upheld the inclusion of metal lease charges in assessable value since the same was paid as a condition of sale and not paid in nature of interest. Accordingly, differential duty demand confirmed.
In the present case, the revenue has merely re-assessed the value on the basis of the statement of Shri Jhunjhunwala, which is not the prescribed requirement for reassessment of the value of the imported goods.
CESTAT Delhi cancels a ₹2 crore penalty on Rajesh Khosla, former MMTC-Pamp MD, ruling that mere non-disclosure without deliberate intent to evade customs duty is insufficient for Section 112(a)(ii) penalty.
CESTAT Delhi held that when the Duty Free Scrips are forged, the importer cannot be permitted to take plea that they were not involved in fraud or forgery. Accordingly, appeal dismissed and duty demand confirmed.
The decisions also hold that if the data is not stored in the computer but officers take out a printout from the hard disk drive by connecting it to the computer, then a certificate under section 36B of the Central Excise Act is mandatory.
CESTAT Bangalore rules Sony India eligible for 1% concessional CVD on mobile imports, citing Supreme Court precedents on importer’s credit eligibility.
Delhi CESTAT rules ‘Take-Away’ and ‘Home Delivery’ from restaurants are sales, not taxable services. Sets aside demand against Bikanervala Foods. Cites precedents.
CESTAT Delhi held that imposition of penalty under section 112(a) of the Customs Act, 1962 not justified since revenue failed to establish direct involved of Customs Broker in mis-declaration of imported goods. Accordingly, appeal allowed and penalty deleted.
CESTAT Delhi sets aside penalty on former CFO, rules mere mismatch in gold dore bar content not proof of customs duty evasion attempt.
CESTAT Delhi directs refund of Rs 107 crore deposited under protest by Barmer Lignite Mining Co, ruling unjust enrichment doctrine inapplicable due to regulated price.
