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Immediate suspension of customs broker license after lapse of long period of time not sustainable

December 23, 2024 1161 Views 0 comment Print

CESTAT Mumbai held that invocation of provisions of immediate suspension of Customs Broker License after more than four years of alleged act is not sustainable in law. Accordingly, order of continuation of immediate suspension is set aside.

Recovery Before Custom Appeal Period Completion Invalid: Chennai CESTAT

December 23, 2024 651 Views 0 comment Print

Associate Lumber Pvt. Ltd. Vs Commissioner of Customs (Import) (CESTAT Chennai) CESTAT Chennai has emphasized that recovery cannot be made effective from the assessee before completion of the appeal period mentioned in section 129 A (3) of the Customs Act, 1962. Legislature has prescribed three months time from the communication of the order. In the […]

Customs Broker doesn’t have expertise to identify mis-declaration of goods: CESTAT Mumbai

December 21, 2024 930 Views 0 comment Print

The appellants herein is a Customs Broker (CB). In pursuance of specific intelligence regarding customs duty evasion in import consignment CFS was put on hold and further investigation ware carried out.

Exporters Can Claim Notification Benefit Later for Reimported Goods if not availed initially

December 20, 2024 948 Views 0 comment Print

The goods were re-exported in April 2005 after Customs clearance. Customs authorities issued a show-cause notice alleging non compliance with Notification No.158/95 and demanded duties and interest.

Revocation of customs broker license without providing relied upon document not justified: CESTAT Delhi

December 17, 2024 657 Views 0 comment Print

CESTAT Delhi held that revocation of customs broker license without providing relied upon documents and statements by the Inquiry Officer is against the principles of natural justice and hence the order deserves to be set aside.

Classification Cannot be Changed merely for 8-Digit Code Introduction: CESTAT Mumbai

December 16, 2024 1284 Views 0 comment Print

Classification cannot be changed merely because 8 digit classification has been introduced, CESTAT sets aside demand of differential duty along with penalties

Post-2003 Amendment: Cutting & Labeling amounts to Manufacture – CESTAT Mumbai

December 16, 2024 498 Views 0 comment Print

CESTAT Mumbai set aside CENVAT Credit denial for Mangal Singh Bros., ruling that duty acceptance on final products justifies credit claim.

Penalty u/s. 112 and 114AA duly imposed for mis-declaration of nature of goods in BOE: CESTAT Delhi

December 16, 2024 1515 Views 0 comment Print

CESTAT Delhi held that penalty under section 112 and 114AA of the Customs Act, 1962 duly imposed since the appellant had intentionally mis-declared the nature of the goods in the Bill of Entry (BOE).

Iron Ore Export- CRCL/Customs Lab report cannot be basis for Final Assessment

December 16, 2024 1467 Views 0 comment Print

CESTAT Kolkata ruled that the CRCL report cannot be the basis for export duty on iron ore fines, confirming contractual terms as the decisive factor.

Anti-Dumping Duty Exemption for Resin allowed Manufacturer’s Name Discrepancy

December 13, 2024 759 Views 0 comment Print

CESTAT Ahmedabad allows exemption from anti-dumping duty on imported PVC resin due to documentary evidence, resolving manufacturer name discrepancy.

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