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CESTAT Chennai

Order suspending CHA License set aside since CBLR violation not proved: CESTAT Chennai

January 7, 2025 996 Views 0 comment Print

CESTAT Chennai held that order suspending CHA License set aside since proof regarding violation of Customs Broker Licensing Regulations, 2018 [CBLR] not available. Thus allegation not proved and hence CHA License restored.

CESTAT Quashes Customs SAD Refund Rejection for Ignoring CA Certificate

December 29, 2024 399 Views 0 comment Print

CESTAT sets aside the rejection of refund claim in Shriram Impex case, citing failure to consider Chartered Accountant certificate for SAD paid.

Recovery Before Custom Appeal Period Completion Invalid: Chennai CESTAT

December 23, 2024 564 Views 0 comment Print

Associate Lumber Pvt. Ltd. Vs Commissioner of Customs (Import) (CESTAT Chennai) CESTAT Chennai has emphasized that recovery cannot be made effective from the assessee before completion of the appeal period mentioned in section 129 A (3) of the Customs Act, 1962. Legislature has prescribed three months time from the communication of the order. In the […]

Insulin manufactured using r-DNA technology eligible for customs exemption: CESTAT Chennai

December 4, 2024 558 Views 0 comment Print

CESTAT Chennai held that insulin manufactured using r-DNA technology would qualify as a mono component insulin and hence benefit of exemption notification under Notification No. 12/2012 – Cus. dated 17.03.2012 available.

Importer cannot challenge enhanced value post acceptance of the same: CESTAT Chennai

December 3, 2024 531 Views 0 comment Print

CESTAT Chennai held that when an importer has voluntarily accepted the enhanced value without any protest then he is precluded from challenging the same. Thus, order upheld to the extent of duty demand. Whereas, confiscation, fine and penalty set aside.

Import Values Cannot Be Rejected Solely on NIDB Data: CESTAT Chennai

December 1, 2024 648 Views 0 comment Print

CESTAT Chennai rules that declared import values cannot be rejected solely based on NIDB data without valid reasons or supporting evidence.

Enhancement of value of imported goods based on proforma invoice not valid: CESTAT Chennai

November 21, 2024 1041 Views 0 comment Print

CESTAT Chennai held that a proforma invoice is in the nature of a quotation or offer and hence does not constitute valid basis for enhancement of value of the imported goods. Enhancement set aside since there is no evidence to show that there is flow back of amount.

Benefit of concessional rate cannot be denied for technical error in Certificate of Origin: CESTAT Chennai

November 21, 2024 1110 Views 0 comment Print

CESTAT Chennai held that denying substantial benefits only for technical errors would not do justice to the appellant. Thus, technical error in Certificate of Origin cannot result in denial of concessional rate of Basic Customs Duty (BCD).

Order directing fixation of brand rates of duty drawback upheld: CESTAT Chennai

November 21, 2024 969 Views 0 comment Print

CESTAT Chennai upheld the order directing fixation of brand rates of duty drawback for drawback of duties suffered on inputs used in exports of cotton denim fabrics as no efforts made by revenue to negate the findings of appellate authority.

Department failed to discharge burden of proof for classifying ECU under 8708 9090: CESTAT Chennai

November 20, 2024 2001 Views 0 comment Print

M/s. Hyundai Motor India Limited, Kanchipuram (HMIL), are engaged in the manufacture of passenger motor cars, under the brand name of “Hyundai”. They import various parts and accessories of passenger motor cars through Chennai ports.

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