CESTAT Ahmedabad rules against dual custodianship on goods under Customs Act. Penalty set aside due to improper licensing and insurance issues. Key details here.
CESTAT found that Skipper Ltd. had fulfilled its obligations as verified by DGFT and Customs authorities, which had released performance bond. Judgment reiterated that once export obligation is certified as complete, customs authorities cannot demand duty or penalties unless DGFT challenges the EODC.
CESTAT Allahabad held that imposition of penalty u/s. 114AA of the Customs Act not justified since customs broker was not held responsible for forging any documents for clearance of goods. Accordingly, penalty imposed u/s. 114AA set aside.
CESTAT Kolkata held that Asansol Durgapur Development Authority [ADDA] performing sovereign functions on behalf of the State Government of West Bengal is exempt from service tax. Accordingly, service tax not leviable.
CESTAT Mumbai rules AO’s insistence on importer accepting investigating agency’s classification violates self-assessment under Section 17 of the Customs Act.
The Officers found that factory was operational. On being demanded, Sujit Kumar Bera produced all the gold available in the factory. Total quantity of gold was found to be 2417 grams.
CESTAT Delhi remands LG TV panel undervaluation case for review. Customs to verify import data authenticity and reassess valuation per applicable rules.
CESTAT Kolkata condones appeal delay due to lack of proof on service date in A.S. Enterprise vs. Customs case. Remands for merit-based review in 3 months.
The CESTAT Mumbai remands the forfeiture case of M/s Daroowala Bros & Co to the licensing authority for reconsideration based on new circumstances.
CESTAT Delhi confirms no penalty for Sarang Wadhawan under Customs Act Section 114AA, finding no false declaration in the import of an aircraft.
