The CESTAT Hyderabad dismissed an appeal by Essel Mining and Industries, ruling that the Free On Board (FOB) value for iron ore exports cannot be treated as a cum-duty price for calculating export duty.
The CESTAT Delhi bench set aside penalties totaling ₹1,75,000 imposed on Paramount Surgimed Ltd. under Section 158 of the Customs Act.
CESTAT remands Rane Holdings’ SAP software import case for fresh adjudication, citing doubts over the appellant’s status as the liable importer, value payment, and differing software types.
Summary of the CESTAT Chennai judgment on customs classification dispute. The court emphasized that classification requires best evidence, like a test report or contract details, not mere reliance on general public domain catalogues, especially when the crucial distinguishing feature (sheathing) is in dispute.
CESTAT Mumbai set aside the denial of IGST benefit, applying GST Council and TRU clarification that all goods under heading 3822 are covered. Concessional rate of 12% now applies, with recalculation of interest and penalty.
CESTAT quashes penalty on stainless steel import, ruling that BIS certification wasn’t mandatory as the Bill of Lading date preceded the Quality Control Order’s effective date.
CESTAT Chennai rules Service Tax cannot be levied on the TDS amount paid by an Indian company on behalf of a foreign service provider, as TDS is not ‘consideration’ for the service.
CESTAT Allahabad quashes Service Tax demand against a contractor, ruling that reliance solely on unverified ITR and Form 26AS data is insufficient and invalidates the extended limitation period.
CESTAT Delhi held that proceedings to recover the drawback under Rules 16/16A of the Drawback Rules are in the nature of execution proceedings hence they cannot be used to modify the value in the Shipping Bills.
CESTAT Delhi held that penalty under section 114AA of the Customs Act can duly be imposed for mis-declaration in imports. Accordingly, penalty of Rs. 30,00,000 imposed u/s. 114AA is modest since the same doesn’t exceed five time the value of goods.
