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Voluntarily accepted enhanced value cannot be subsequently challenged by importer

January 4, 2024 522 Views 0 comment Print

CESTAT Chandigarh held that once the importer voluntary accepted the enhancement then the importer is estopped from challenging the same subsequently.

Refund Claim Valid for Customs Duty paid via DEPB Scrip: CESTAT Kolkata

January 4, 2024 465 Views 0 comment Print

CESTAT Kolkata upholds refund claim by New Way Vyapaar Private Limited, stating customs duty paid through DEPB Scrip cannot be rejected. Full order analysis.

Exclusion of Know-How Fees from Assessable Value in Customs Valuation Rules

January 3, 2024 621 Views 0 comment Print

Charges of Know How agreement were not required to be added to the assessable value of imported goods in terms of Customs Valuation Rules, 1988 as there was no technical know-how fees attributable towards post import related/associated acts and activities and thereby no case arose for scaling up the assessable value with the inclusion of the royalty charges.

Matter remanded to examine issue of Customs Duty Exemption Benefit on re-imported goods

January 3, 2024 675 Views 0 comment Print

Since the appellate authority had failed to examine issue of customs duty exemption Notification No. 45/2017-Cus., which provided different levels / measures of exemption benefits to the re-imported goods depending upon which export benefits, like duty drawback, rebate etc.

CESTAT Kolkata Upholds Redemption Fine & Penalty in Karan Impex Case

January 2, 2024 447 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 474 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 285 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 738 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 423 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 486 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.

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