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CESTAT Bangalore

CESTAT deletes penalty as statement lacked corroboration & was insufficient to sustain penalty

January 13, 2024 441 Views 0 comment Print

The tribunal concluded that the Commissioner failed to present additional evidence beyond co-accused statements, mirroring the trial court’s findings. Emphasizing the principle of double jeopardy, the tribunal set aside the penalty imposed under Section 114 of the Customs Act, granting victory to Abdul Razak.

CESTAT Upholds Reassessment Order in Customs Duty Refund Case

January 5, 2024 789 Views 0 comment Print

Explore the case of Commissioner of Customs vs. Rajhans Enterprises: CESTAT’s decision on reassessment for refund of excess customs duty and the legal implications.

Excise duty refund cannot be adjusted against demand without providing an opportunity to appellant

January 2, 2024 441 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.

Customs Duty: Section 114A Prescribes Penalty Equivalent to Duty or Interest, as Applicable

December 31, 2023 1569 Views 0 comment Print

CESTAT Bangalore ruling in IBM’s favor: Penalty under Customs Act (Section 114A) equals duty, not duty and interest. Detailed analysis of the case.

ABB Limited’s Static Convertors Classifiable Under 8504: CESTAT Bangalore

December 31, 2023 504 Views 0 comment Print

Explore CESTAT Bangalore’s ruling on ABB Limited vs Commissioner of Customs. Automatic Voltage Regulators deemed under Electrical Transformers, attracting 20% duty. Full order analysis.

CESTAT Clears Customs Broker of License Revocation in Absence of Mala Fide & Wilful Misrepresentation

December 30, 2023 486 Views 0 comment Print

CESTAT Bangalore rules in favor of Access World Wide Cargo, setting aside penalty imposed for alleged violation of Customs Broker Licensing Regulations. Detailed analysis and legal insights.

Anti-dumping duty leviable on reflective glass imported from China

December 27, 2023 717 Views 0 comment Print

CESTAT Bangalore held that Reflective Glass not found in notification no. 4/2009 dated 06.01.2009 is not exempt from levy of anti-dumping duty. Thus, anti-dumping duty leviable on reflective glass imported from China.

Smartra immobiliser a Vehicle Theft Prevention Security Device classifiable under CTH 8708

December 26, 2023 414 Views 0 comment Print

CESTAT Bangalore held that since the smartra immobiliser is only a security device to prevent a vehicle from being stolen it is rightly classifiable under Chapter Heading 8708 as parts of motor vehicle.

Appeal abates once IRP is appointed and/or Resolution plan approved

December 20, 2023 651 Views 0 comment Print

Explore the Tiffins Barytes vs. Commissioner of CE & ST case at CESTAT Bangalore. Learn about the abatement of appeal and its implications under Rule 22.

Web cameras are rightly classifiable under Chapter Heading 8473

December 14, 2023 900 Views 0 comment Print

CESTAT Bangalore held that web cameras are rightly classifiable under Chapter Heading 8473 and not under 8525 as web cameras are not digital camera nor it can be considered as a television camera.

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