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Penetrating Oil Not Diesel Without Proof; CESTAT Set Aside Higher Duty Demand

January 12, 2026 300 Views 0 comment Print

The Tribunal set aside reclassification of imported penetrating oil as adulterated diesel. It held that failure to meet diesel BIS standards and lack of proof of adulteration defeated the Revenue’s case.

Customs Penalty Under Section 114AA Set Aside for Lack of Knowledge of Fraud

January 11, 2026 696 Views 0 comment Print

The Tribunal upheld duty and interest on use of a fraudulently enhanced duty credit scrip but ruled that penalty under section 114AA cannot be imposed without proof of knowledge or intent. The key takeaway is that mens rea is mandatory for section 114AA penalties.

Auction Deposit Refund Allowed as Confiscated Cigarettes Could Not Be Released Under CBIC Circular: CESTAT Delhi

January 11, 2026 318 Views 0 comment Print

The Tribunal held that deposits from an e-auction could not be forfeited where confiscated cigarettes failed to meet mandatory labelling laws. Since the goods were required to be destroyed, refund with interest was directed.

I-STAT blood gas cartridges are accessories of analyser & not independent diagnostic reagents

January 11, 2026 300 Views 0 comment Print

CESTAT held that I-STAT blood gas cartridges are accessories of the analyser and not independent diagnostic reagents. As a result, reclassification under CTH 3822 and the resulting duty demand were set aside.

Customs Appeal Rejected as Time-Barred Due to Late Filing After Communication

January 11, 2026 531 Views 0 comment Print

The appellate authority rejected the customs appeal solely on limitation, holding it was filed far beyond the maximum period permitted under law. The ruling underscores that statutory timelines are absolute and merits cannot be examined once delay exceeds the condonable limit.

Smart Robot cannot be Treated as Electronic Toy Due to ADP Functionality

January 11, 2026 303 Views 0 comment Print

The Tribunal held that an AI-based smart robot could not be classified as an electronic toy when it satisfied the requirements of an automatic data processing unit. Re-classification by customs authorities was set aside for lack of technical justification.

Barcode Scanners Not Smartphones Due to Ancillary Mobile Features: CESTAT Delhi

January 11, 2026 279 Views 0 comment Print

CESTAT held that handheld barcode scanners with limited mobile features are not classifiable as smartphones. The ruling restores classification as scanners under CTH 8471 and grants exemption from Basic Customs Duty.

Penalty Set Aside Because Abetment Was Not Proven Under Customs Law

January 11, 2026 489 Views 0 comment Print

The issue was whether a company officer could be penalised for abetment of duty evasion. The Tribunal held that in the absence of evidence showing knowledge or intentional aid, penalty under Section 112(a) could not be sustained.

Customs Duty Demand Quashed as Auction Purchasers Not Liable for Pre-Liquidation Dues

January 11, 2026 306 Views 0 comment Print

The Tribunal held that customs and excise dues of a company in liquidation cannot be recovered from auction purchasers of its assets. Pre-liquidation liabilities must be settled under the Companies Act, not through recovery from buyers.

Ponchos Treated as Capes Because Tariff Notes Prevail Over Trade Parlance

January 11, 2026 234 Views 0 comment Print

The Tribunal upheld customs reclassification of imported goods from scarves to capes based on HSN notes and expert opinion. The key takeaway is that statutory tariff definitions override market practice.

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