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CESTAT Kolkata Upholds Redemption Fine & Penalty in Karan Impex Case

January 2, 2024 954 Views 0 comment Print

CESTAT Kolkata confirms redemption fine and penalty against Karan Impex for importing old clothing. Detailed analysis of the order and its implications.

Mere Accounting Treatment Not Conclusive Proof of Duty Burden Passing

January 2, 2024 1272 Views 0 comment Print

CESTAT Kolkata’s order on Commissioner of Customs vs. KEC International Limited. Justifying burden of customs duty, accounting not conclusive proof. Detailed analysis and conclusions.

Excise duty refund cannot be adjusted against demand without providing an opportunity to appellant

January 2, 2024 705 Views 0 comment Print

Explore the CESTAT Bangalore case of J K Tyre vs Commissioner regarding the validity of excise duty refund appropriation. Detailed analysis of the order and its implications.

Appellant cannot be penalised for delay in issuance of EODC by DGFT

January 2, 2024 2103 Views 0 comment Print

Explore the CESTAT Delhi order on Kabir Oldtex’s appeal. Penalty deletion on importer due to DGFT’s delay in EODC issuance. Detailed analysis and implications.

Custom duty on processed goods leftover after completing export obligations

January 2, 2024 840 Views 0 comment Print

CESTAT Ahmedabad’s order in L&T vs. C.C.-Kandla regarding taxability of processed goods leftover after completing export obligations.

Bar of unjust enrichment doesn’t apply as imported goods used for manufacture of final product

January 2, 2024 1146 Views 0 comment Print

CESTAT Kolkata held that question of unjust enrichment in terms of section 27(2) of the Customs Act doesn’t not arise as imported goods are used as raw material for manufacture of final product i.e. imported goods are not sold to someone else.

CESTAT quashes Duty Demand: No Proof of Price Influence in Party Relationship

January 2, 2024 702 Views 0 comment Print

CESTAT Hyderabad quashes differential duty demand against KRIBHCO, citing lack of evidence for price influence in OMIFCO relationship. Full text of the order.

Appeal for Refund lies to CESTAT against order passed u/s 142 of CGST Act

January 1, 2024 2286 Views 0 comment Print

Even if the service tax had been deposited by the appellant after 01.01.2017, nonetheless the refund of any amount of the CENVAT credit could be claimed only under sub­section (3) of section 142 of the CGST Act and against this order an appeal will lie to the Tribunal.

Action cannot be initiated against custom broker based on vague hypothesis & presumptions

December 31, 2023 780 Views 0 comment Print

Read the detailed analysis of JKG Infralogistics Pvt. Ltd. vs. Commissioner of Customs case. CESTAT Kolkata sets aside penalties, citing lack of evidence for Customs Broker violations.

Customs Duty: Section 114A Prescribes Penalty Equivalent to Duty or Interest, as Applicable

December 31, 2023 2856 Views 0 comment Print

CESTAT Bangalore ruling in IBM’s favor: Penalty under Customs Act (Section 114A) equals duty, not duty and interest. Detailed analysis of the case.

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