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Central Excise classification of propylene: CESTAT set aside demand & allowed appeal

October 19, 2024 546 Views 0 comment Print

BPCL challenges the Central Excise classification of propylene, seeking relief against the differential duty imposed by the authorities.

Unutilized Cenvat credit can be adjusted against Service Tax demands under GST regime

October 19, 2024 882 Views 0 comment Print

CESTAT Mumbai sets aside service tax demand against Konkan Railway for excess Cenvat credit adjustment due to unutilized credit under CGST Act, 2017.

Order quashed as notice failed to state allegations relating to violation of regulation by Customs Broker

October 17, 2024 543 Views 0 comment Print

CESTAT Delhi sets aside the order on sole reason that show cause notice doesn’t even state the allegations in respect of violation of four regulations under CBLR 2013 by customs broker. Thus, order quashed as notice is absolutely vague.

Availing Carnet De Passage benefit by mis-declaring purpose of export of Ferrari Motor Car unjustified: CESTAT Bangalore

October 16, 2024 651 Views 0 comment Print

The Commissioner holding that the appellant had resorted to deliberate misdeclaration and utilised the carnet documents to clear the vehicle without payment of duty, held that the car was liable for confiscation u/s. 111(m) of the Customs Act, 1962.

Penalty alleging foreign origin gold set aside as documents not examined by department: CESTAT Hyderabad

October 16, 2024 468 Views 0 comment Print

CESTAT Hyderabad held that imposition of penalty on allegation of foreign origin gold set aside as department failed to examine the documents nor have given any specific findings on the defence of the assessee. Thus, order set aside and matter remanded back.

Payment of management & license fee not relatable to imported goods not includible in transaction value

October 15, 2024 918 Views 0 comment Print

CESTAT Kolkata held that the payment of Management Fee and the License Fee not being relatable to the imported goods and condition precedent to the sale of imported goods are therefore not includible in the transaction value.

Confiscation of 3 out of 10 alleged Foreign-Origin Gold Bars was set aside on failure to prove defacement

October 14, 2024 1140 Views 0 comment Print

Since there was no infirmity on the behalf of the investigation agencies in invoking confiscation under section 123 of the Customs Act, 1962 in respect of seven gold bars bearing foreign markings out of the ten bars seized.

Import of old and used worn clothing articles without valid specific license unjustified: CESTAT Kolkata

October 14, 2024 714 Views 0 comment Print

CESTAT Kolkata held that valid specific license required for import of old and used worn clothing articles. Accordingly, redemption fine @10% and penalty @5% imposed for failure to comply with licensing requirement.

Goods classified under CTH 6304 as can be sold in market as bed sheet: CESTAT Kolkata

October 14, 2024 519 Views 0 comment Print

CESTAT Kolkata held that keeping in view the common parlance usage of material as bed sheets and the same can be sold in market as bed sheet, the goods are classified under Customs Tariff Heading 6304 and not under Customs Tariff Heading 54.07.

Allegation of mis-declaration without challenging transaction value untenable: CESTAT Mumbai

October 7, 2024 639 Views 0 comment Print

CESTAT Mumbai held that allegation of mis-declaration and duty demand thereon not sustained as department doesn’t challenged transaction value. Further, importer duly mentioned value of all the imported goods in the invoice. Hence, duty demand not sustained.

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