CESTAT Bangalore allows Cappithan Agencies appeal, highlighting errors in penalty imposition under CBLR regulations and denying cross-examination rights.
Kriztle Bath and Wellness Pvt. Ltd. wins appeal on MRP declaration, ruling CESTAT finds no obligation to declare MRP in Bill of Entry.
The Commissioner holding that the appellant had resorted to deliberate misdeclaration and utilised the carnet documents to clear the vehicle without payment of duty, held that the car was liable for confiscation u/s. 111(m) of the Customs Act, 1962.
CESTAT Bangalore held that DLP data projectors having additional facility of video port are classifiable under CTH 8528 6100 and not under 8528 6900 and accordingly, benefit of notification no. 24/2005-Cus dated 01.03.2005 extended to its import.
CESTAT Bangalore held that differential duty demand u/s. 28(4) of the Customs Act sustainable as investigation clearly established that product ‘Brush Cutter’ mis-declared and cleared as ‘Power Operated Reapers’.
CESTAT Bangalore held that there is no requirement to make declaration of MRP in bill of entry under notification no. 21/2012-Cus. Dated 17.03.2012 granting exemption of 4% of SAD.
CESTAT Bangalore held that no excise duty is leviable on the subject goods i.e. [imported ‘Insoluble Sulphur’] and therefore no additional duty will be levied. Accordingly, levy of CVD @10% unsustainable.
CESTAT Bangalore held that benefit of notification no. 20/2006 dated 01.03.2006 and notification no. 21/2012-Cus. dated 17.03.2012 not available in case of import of garment accessories. Accordingly, 4% SAD leviable.
CESTAT Bangalore held that rejecting request for amendment of declared value in bill of entry (BOE) without awaiting outcome of DRI investigation not justified. Accordingly, order set aside and matter remanded back to adjudication authority.
CESTAT Bangalore held that import of brushless DC/Axial fans meant for use in electronic industry should be valued at Transaction Value under Section 4 of Central Excise Act and accordingly, demand of Countervailing Duty on the same unsustainable.
