CESTAT held that mere invoicing through a related foreign entity does not justify loading of assessable value under Customs law. Since no direct imports from related suppliers were established, value enhancement was rightly set aside.
Tribunal held that the Commissioner (Appeals) erred in deciding classification without first addressing limitation under Section 129D(3) of the Customs Act, and remanded the case for fresh consideration on the time-bar issue alone.
CESTAT upholds the denial of EPCG benefit for used machinery but reduces the redemption fine and sets aside the Section 114A penalty due to bona fide belief.
CESTAT remands Rane Holdings’ SAP software import case for fresh adjudication, citing doubts over the appellant’s status as the liable importer, value payment, and differing software types.
Summary of the CESTAT Chennai judgment on customs classification dispute. The court emphasized that classification requires best evidence, like a test report or contract details, not mere reliance on general public domain catalogues, especially when the crucial distinguishing feature (sheathing) is in dispute.
CESTAT Chennai rules Service Tax cannot be levied on the TDS amount paid by an Indian company on behalf of a foreign service provider, as TDS is not ‘consideration’ for the service.
CESTAT Chennai held that refund of CVD paid on account of EDI system glitch needs to be examined in terms of the Act and relevant judgements passed in this regard. Accordingly, matter remanded back to Original Authority for de novo adjudication.
CESTAT Chennai held that DGCEI appointed as officers of Customs and hence authorize to demand differential duty in terms of section 28 of the Customs Act, 1962 during the material period and there was no infirmity in the SCN.
Adjudicating Authority had imposed a combined penalty under sections Sections 112, 114A, and 114AA without proper application of statutory provisions and directed reconsideration of penalty in accordance with law.
CESTAT Chennai held that the impugned order is liable to be set aside since declared assessable value of imported black pepper accepted. Accordingly, the appeal is allowed and penalties-imposed u/s. 112 and 114AA of the Customs Act quashed.
