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CA Certificate Cannot Be Disregarded Without Evidence to contrary: CESTAT Delhi

April 23, 2025 1479 Views 0 comment Print

Thus, it is evident that the appellant had not passed the burden of duty to the customers in respect of the duty paid on the 4 Bills of Entry and was shown as recoverable from the customs department.

Customs Officer not empowered to re-determine FOB Value of goods: CESTAT Delhi

April 21, 2025 1338 Views 0 comment Print

CESTAT Delhi held that no stranger to the contract of sale including the Customs officer has any right to re-determine the FOB value. The Customs Act and Rules cannot be applied to re-determine the FOB value. Accordingly, appeal allowed and order set aside.

Jewelry Worn or Concealed by Person Arriving in India Covered under Baggage Rules, Not Customs Act

April 21, 2025 4752 Views 0 comment Print

CESTAT Chennai held that jewelry worn or concealed on person arriving in India from abroad is covered under Baggage Rules, 2016 hence there cannot be presumption that it is covered under the Customs Act, 1962.

Interest u/s. 50 of CGST Act applies on delayed payment of IGST in course of import

April 21, 2025 1416 Views 0 comment Print

CESTAT Delhi held that interest as per section 50 of the Central Goods and Services Tax Act, 2017 [CGST Act] is applicable on delayed payment of IGST in the course of imports. Accordingly, interest confirmed u/s. 28AB of Customs Act not justified.

Financer Not Liable for Import Undervaluation Penalty Without Proven Involvement: CESTAT Kolkata

April 19, 2025 471 Views 0 comment Print

CESTAT Kolkata sets aside penalty on Rakesh Magoo, citing lack of evidence and violation of natural justice in customs undervaluation case.

Packing & Labeling of O‑Rings Not Manufacturing—No Excise Duty Payable

April 19, 2025 687 Views 0 comment Print

Explore Schrader Duncan Ltd vs Commissioner of Central Excise case where ‘O’ rings’ packing and labeling were deemed non-manufacturing under Chapter 4016, absolving them from excise duty

Ethyl Benzene is isomer of xylene hence classified under CTH 29024400

April 18, 2025 780 Views 0 comment Print

CESTAT Kolkata held that Ethyl Benzene is isomer of xylene and hence correctly classifiable under Customs Tariff Heading [CTH] 29024400. Accordingly, order demand differential duty set aside and appeal of the assessee allowed.

No Penalty & Redemption Fine Under 2023 Amnesty Scheme for Export Obligation Non-Compliance

April 17, 2025 723 Views 0 comment Print

CESTAT Mumbai rules no penalty for unmet EPCG export duties under amnesty scheme. Duty paid, fines waived.

No Service Tax on Liquidated damages for non-compliance or breach of contract

April 17, 2025 774 Views 0 comment Print

CESTAT Delhi sets aside service tax on consultancy and penalties for MPPTCL; upholds tax on hire charges. Order modifies previous tax demand.

No Service Tax on Penalties for breach of contractual terms: CESTAT Delhi

April 17, 2025 702 Views 0 comment Print

CESTAT Delhi sets aside service tax demand on penalties, ruling South Eastern Coalfields’ liquidated damages not taxable as declared service under Section 66E(e).

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