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Import of goods based on fraudulently obtained IEC are liable for confiscation

July 17, 2025 690 Views 0 comment Print

CESTAT Delhi held that goods imported by fictious firms using fraudulently obtained IEC are liable for confiscation even if the said goods are not prohibited or restricted as per foreign trade policy. Accordingly, appeal of the assessee dismissed.

Incentives to Car Dealers Not Taxable Under BAS: CESTAT Delhi

July 17, 2025 1155 Views 0 comment Print

CESTAT Delhi rules car dealer incentives from manufacturers are not taxable under Business Auxiliary Service, affirming principal-to-principal sales transactions.

Charge of violation of regulation against customs broker cannot sustain post relinquishment of goods by importer

July 17, 2025 510 Views 0 comment Print

An Enquiry has been ordered and on completion of the Enquiry an Enquiry Report was submitted by the Enquiry Officer. In the Enquiry Report, the enquiry officer held that the appellant has violated the provisions of Regulation 10 (d) by not advising the importer to comply with the provisions of Customs Act, 1962.

Penalty on CHA for Undervaluation Unsustainable Without Involvement Proof

July 17, 2025 837 Views 0 comment Print

CESTAT Mumbai sets aside a ₹10 lakh penalty on S.A. Dalal & Co., a Customs House Agent, citing lack of investigation and statement recording.

No Proof of Smuggling Knowledge: CESTAT Quashes Transporter’s Confiscation & Penalty

July 17, 2025 435 Views 0 comment Print

CESTAT Kolkata sets aside penalty and vehicle confiscation for Vinod Kumar Agarwal, a transporter, citing lack of evidence of his knowledge in alleged smuggling of black pepper and arhar.

Customs Section 108 Statements Not Valid Evidence Without proper Examination

July 17, 2025 1248 Views 0 comment Print

The CESTAT Delhi ruled that statements recorded under Section 108 of the Customs Act, 1962, are not valid evidence under Section 138B without proper examination.

Byproducts in Rice Bran Oil Refining Treated as Waste, Exempt from Excise

July 17, 2025 882 Views 0 comment Print

CESTAT Hyderabad rules products like fatty acid, wax, and gums generated during rice bran oil refining are “waste” and qualify for excise duty exemption.

No Service Tax on Pure Agent Reimbursements: CESTAT Chennai

July 17, 2025 1257 Views 0 comment Print

CESTAT Chennai rules against service tax on reimbursements received by Seamax Shipping India Pvt. Ltd. as a “pure agent,” citing Supreme Court precedent.

Declared value cannot be enhanced on the basis of DRI alert

July 17, 2025 756 Views 0 comment Print

CESTAT Chandigarh rules imported goods’ value cannot be solely enhanced based on DRI alerts. It also confirms CVD exemption for polyester fabric, citing Supreme Court rulings.

No Extended Service Tax Limitation for demand based on Income Tax Disclosures

July 17, 2025 1026 Views 0 comment Print

CESTAT Delhi rules extended service tax limitation not valid when demand is based solely on income tax disclosures, citing lack of suppression.

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