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No Section 112(b) Customs Penalty on co-noticee Without Positive Knowledge: CESTAT Mumbai

December 10, 2024 1032 Views 0 comment Print

CESTAT Mumbai quashes ₹1,00,000 penalty on co-noticee under Section 112(b) of Customs Act, citing lack of evidence linking him to DEEC scheme violations. Read full order.

CESTAT Restores Appeal After Notice Sent to Wrong Address

December 10, 2024 963 Views 0 comment Print

Damodar Nayak Vs Commissioner of Customs (Export Promotion) (CESTAT Mumbai) Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) restored an appeal after two years, observing that the appellant was not served with a notice of the final hearing due to an incorrect address provided by the previous advocate. The tribunal noted that the earlier counsel […]

No confiscation u/s. 111 without misdeclaration of value: CESTAT Delhi

December 10, 2024 972 Views 0 comment Print

CESTAT Delhi held that declared price is price for delivery at the time and place of importation unless contrary proved by department. Since onus not discharged, the declared price remains unimpeached.

Option Under Rule 6(3)(ii) of Cenvat Credit Rules Mandates Compliance with Payment Obligations

December 5, 2024 609 Views 0 comment Print

CESTAT Delhi partially allows Marudhar Hotels’ appeal regarding Cenvat credit demands under Rule 6 of the Cenvat Credit Rules, 2004. Read detailed judgment analysis.

Refund of excess payment of customs duty rejected as time barred: CESTAT Hyderabad

December 4, 2024 1572 Views 0 comment Print

The appellants had filed a refund claim with Assistant Commissioner of Customs (CRS), Visakhapatnam for Rs.5,03,984/- on 10.08.2023. The said refund claim was that the appellant had paid the Duty twice due to ‘ICEGATE error’.

Service Tax Demand Not Applicable When Paid under RCM: CESTAT Ahmedabad

December 4, 2024 1002 Views 0 comment Print

CESTAT Ahmedabad rules that service tax cannot be demanded when tax liability is already settled under Reverse Charge Mechanism.

Insulin manufactured using r-DNA technology eligible for customs exemption: CESTAT Chennai

December 4, 2024 711 Views 0 comment Print

CESTAT Chennai held that insulin manufactured using r-DNA technology would qualify as a mono component insulin and hence benefit of exemption notification under Notification No. 12/2012 – Cus. dated 17.03.2012 available.

Appeals pending in CESTAT allowed if order not passed within one year of SCN

December 4, 2024 5850 Views 0 comment Print

CESTAT Delhi quashes orders passed after one year of SCN issuance in Kopertek Metals Pvt Ltd vs CGST Commissioner, emphasizing statutory adjudication timelines.

Coating machine classifiable under Customs Tariff Item 8422 30 00: CESTAT Mumbai

December 4, 2024 1050 Views 0 comment Print

The said SCN was adjudicated by the learned Commissioner of Customs in the impugned order by confirming the proposals made in the SCN. Feeling aggrieved with the impugned order, the appellants have filed these appeals before the Tribunal.

Importer cannot challenge enhanced value post acceptance of the same: CESTAT Chennai

December 3, 2024 573 Views 0 comment Print

CESTAT Chennai held that when an importer has voluntarily accepted the enhanced value without any protest then he is precluded from challenging the same. Thus, order upheld to the extent of duty demand. Whereas, confiscation, fine and penalty set aside.

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