When a person, otherwise was qualified as a tour operator but provide only booking of accommodation service, then such a tour operator would be entitled to claim abatement under the Abatement Notifications as assessee-Make My Trip acted as a facilitator between hotel and customer for short-term accommodation service.
CESTAT Delhi in Sharma Steel Rolling Mills vs Commissioner held that No Penalty for Unrecorded Finished Goods in Factory without Evidence of Clandestine Removal and personal penalty on employee need not be imposed as he is acting under direction of his employer
Chandan Chatterjee vs Commissioner of Customs – CESTAT Kolkata ruling on attempted red sanders export, Customs Broker penalty set aside. Full analysis of the case.
The tribunal concluded that the Commissioner failed to present additional evidence beyond co-accused statements, mirroring the trial court’s findings. Emphasizing the principle of double jeopardy, the tribunal set aside the penalty imposed under Section 114 of the Customs Act, granting victory to Abdul Razak.
CESTAT Mumbai held that witnesses relied upon by the central excise authorities are not acceptable evidence in the absence of cross-examination that was denied. Hence, matter alleging clandestine removal mainly resting upon certain statements is remanded back to enable cross-examination.
Rajeshwar Prasad Choudhari challenges service tax demand based on Form 26AS data. CESTAT Kolkata sets aside order due to lack of evidence. Detailed analysis and key legal precedents.
CESTAT Delhi held that attempt to smuggle gold by breaching the condition for import makes it a prohibited goods. Accordingly, such prohibited goods cannot be allowed to be redeemed on payment of redemption fine or cannot be permitted for re-export. Hence, such prohibited goods is liable for absolute confiscation.
CESTAT Kolkata rules on Customs Broker’s compliance with CBLR. Sinha Shipping Agency wins against Customs Commissioner. Full text analysis of the order provided.
CESTAT Allahabad remands matter on customs action due to department’s failure to dispatch order to assessee, challenging the bar of limitation under Section 128.
Huge loss as Kiwi fruit re-export order delayed; CESTAT Chennai reduces redemption fine in Ram Prasath vs Commissioner of Customs case. Full text of CESTAT Chennai order.
