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Customs Cannot Enhance Imported Goods Value Based on Unverified Private Website Data

December 14, 2023 945 Views 0 comment Print

Explore the Ajay Traders vs. C.C.-Mundra case: CESTAT Ahmedabad rejects customs’ reliance on Zuaba portal data, deeming it unauthenticated. Details of the order and key legal arguments.

CESTAT quashes Order Denying Concessional Duty Rate under Preferential Trade Agreement

December 13, 2023 1242 Views 0 comment Print

Explore the CESTAT Chennai order in TCP Limited vs Commissioner of Customs regarding the concessional rate of duty on imported coal. Detailed analysis and implications.

Once NCLT approves resolution plan, the appeal before CESTAT abates

December 13, 2023 912 Views 0 comment Print

Explore the implications of the National Company Law Tribunal’s resolution plan approval on the CESTAT Bangalore’s jurisdiction in the case of Patanjali Foods Ltd. vs. Commissioner of Customs.

Confiscation of silver jewellary alleging to be smuggled without any evidence unsustainable

December 12, 2023 1029 Views 0 comment Print

CESTAT Kolkata held that confiscation of boondi silver and silver jewellary alleging it to be smuggled goods without any evidence to allege that these are third country origin is unsustainable in law.

Penalty duly imposed on customs broker for not being proactive for fulfilling its obligations

December 12, 2023 930 Views 0 comment Print

CESTAT Mumbai held that imposition of penalty for failure in not being proactive for fulfilling of regulation 10(a) of Customs Brokers Licensing Regulations, 2018 [CBLR,2018] alone, is appropriate and justifiable.

Re-determination of value resorting to rule 7 of Customs Valuation Rule justified

December 12, 2023 1212 Views 0 comment Print

CESTAT Delhi held that re-determination of value resorting to valuation under Rule 7 of the Customs Valuation Rules justified on failure to advance any documents/ invoice to substantiate the value of goods.

Revocation of customs broker license upheld for facilitating fraudulent exports

December 12, 2023 732 Views 0 comment Print

CESTAT Delhi upheld revocation of Customs Broker license on failure to make appropriate enquiries of their client and for facilitating fraudulent highly under-valued exports.

Steel balls classifiable under Chapter Heading 8482

December 12, 2023 963 Views 0 comment Print

CESTAT Chandigarh held that steel balls are classifiable under the Chapter Heading 8482 9900 and not under Chapter Heading 8714 as contended by revenue. Accordingly, duty demand set aside.

Security Deposit Forfeiture justified for Customs Broker’s Failure to Proactively Fulfill Obligations

December 12, 2023 1167 Views 0 comment Print

CESTAT Mumbai held that forfeiture of security deposit justified as Customs Broker failed to act in a proactive manner in fulfilling their obligation as Customs Broker, particularly when the import documents were obtained from the importers through an intermediary.

Revocation of customs broker license unjustified as suspension for two years enough

December 12, 2023 1425 Views 0 comment Print

CESTAT Mumbai held that revocation of Customs Broker license unjustified as punishment suffered by being out of Customs broker business for about two years is enough to mitigate case of violations or contraventions of CBLR, 2018.

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