The issue was whether customs could deny AIFTA duty exemption for ten consignments based only on irregularities found in a separate, single import. The CESTAT set aside the duty demand, holding that the exemption cannot be denied without a finding on the authenticity or validity of the individual Certificate of Origin (COO).
The CESTAT Delhi ruled that the differential duty paid by Vortex Rubber for provisional release of seized goods is considered customs duty, not a pre-deposit under Section 35FF. This classification affects the applicable interest provisions for delayed refunds.
CESTAT Mumbai set aside a ₹1 lakh penalty on a Custom House Agent (CHA), ruling that mere classification disputes are not grounds for confiscation or penalty.
An Excel sheet recovered from the email account of assessee can be relied upon to determine the value of imported goods, even without a certificate under Section 138C as Section 138C applies only when the document was printed or produced from a computer other than that of the assessee.
Since common input services were used for both taxable output and trading, assessee was required to reverse proportionate credit attributable to trading along with interest. Penalty under Rule 15(3) to be confined to proportionate irregular credit finally determined.
CESTAT Chennai held that ‘wheel loaders’ are classifiable as ‘front-end shovel loaders’ and hence are covered under Customs Tariff Heading 8429 5100. However, demand for only normal period is sustained and demand for extended period is set aside.
Refund of Special Additional Duty (SAD) could not be denied merely because commercial invoices did not carry the endorsement required under Notification No. 102/2007-Customs, when all other substantive requirements were satisfied.
CESTAT Chennai held that for the purpose of charging export duty the assessment of Iron Ore for determination of Fe contents shall be made on the basis of Wet Metric Ton for period prior to 1st May 2022. Accordingly, appeals allowed and orders set aside.
CESTAT Delhi held that refund claim of excess CVD paid after completion of one year from date of payment of duty as well as the date of relevant judgement is barred by limitation. Accordingly, appeal of assessee dismissed.
CESTAT Delhi held that Cap Sub Assembly for Door Outside Handle 423205-11480 is classifiable under Customs Tariff Heading 87082900 as contented by the Department. Accordingly, benefit under notification no. 46/2011 Customs not admissible.
