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CESTAT upholds redemption fine & penalty on Restricted Second-Hand Goods ETL Liners Import

September 3, 2023 687 Views 0 comment Print

CESTAT Bangalore upholds customs redemption fine & penalty for importing second-hand ETL Liners, which are restricted under Foreign Trade Policy.

Merely based on bill of landing origination of goods cannot be inferred

September 2, 2023 858 Views 0 comment Print

CESTAT Ahmedabad held that merely on the basis of the bill of lading it cannot be inferred that the goods were originated from China as certificate of origin of Malaysia not proved wrong or fake.

Section 128(1) of Customs Act, allows appeals against communication denying DFIA exemption

September 2, 2023 1569 Views 0 comment Print

Learn about the K S Enterprises vs. Commissioner of Customs appeal regarding denial of DFIA exemption. CESTAT Ahmedabad’s decision and analysis.

Manufacturing of tugs and barges cannot be classified under Manpower Recruitment or Supply Agency Service

September 2, 2023 588 Views 0 comment Print

CESTAT Ahmedabad held that activity of manufacturing of tugs and barges cannot be classified as supply of manpower and hence cannot be taxed under the category of Manpower Recruitment or Supply Agency Service.

Penalty u/s 114AA leviable on person who causes to have made, signed or used any false declaration or fraudulent document

September 2, 2023 1380 Views 0 comment Print

CESTAT Chennai held that penalty under section 114AA of the Customs Act is leviable on person who causes to be made, signed or used any false declaration or fraudulent document

One appeal against order-in-original bearing two numbers before Commissioner (A) is valid

September 2, 2023 2340 Views 0 comment Print

CESTAT held that number of appeals should correspond with number of distinct decisions or orders, not number of order numbers in an original order. Essentially, if a single order-in-original has multiple numbers, it doesn’t necessitate multiple appeals.

Physician samples assessable under Section 4(1) a) of Central Excise Act, 1944

September 1, 2023 603 Views 0 comment Print

CESTAT Chennai supports Fourrts India Laboratories, ruling that physician samples fall under Section 4 (1) (a) of the Central Excise Act, 1944. Dive into the details of this landmark decision.

Discretionary Penalties Shouldn’t Burden Compliant Assessees: CESTAT Chennai

September 1, 2023 642 Views 0 comment Print

Detailed analysis of Beach Minerals Company’s appeal against Commissioner of GST & Central Excise ruling. CESTAT Chennai orders fresh adjudication.

Sending order without ‘registered post with acknowledgement due’ is invalid service of order

August 31, 2023 3270 Views 0 comment Print

CESTAT Chennai held that tendering of an order to an unauthorized person or sending it without ‘registered post with acknowledgement due’ is not considered as a valid service of order. Accordingly, matter disposed of by way of remand.

Customs authorities cannot counter once licencing authorities are satisfied that licencing conditions are fulfilled

August 31, 2023 699 Views 0 comment Print

CESTAT Chennai held that once the licencing authority has found that the licencing conditions have been fulfilled, it would not be open to the customs authorities too contend that the imports under the licence are contrary to law.

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