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CESTAT Chennai

CHA cannot be penalised on assumptions & presumptions devoid of concrete facts showing wrongdoing

August 6, 2023 867 Views 0 comment Print

Delve into the CESTAT Chennai’s decision: Lapse or failure to comply with CBLR does not attract penalties under sections 114 & 114AA of the Customs Act, 1962.

No penalty if all taxes are paid before issuance of SCN

August 6, 2023 2277 Views 0 comment Print

A mere averment in the Show Cause Notice that the appellant had suppressed the fact cannot mean that mens rea is established, No penalty if Alleged suppression of facts was not willful with an intent to evade payment of service tax.

Customs Commissioner (A) cannot Enhance Value without Notice to Assessee

August 6, 2023 480 Views 0 comment Print

CESTAT Chennai overturns Commissioner (Appeals) ruling that raised customs value of a second-hand car. Learn about the proceedings and decision of Lakshami & Co Vs Commissioner of Customs.

Duty Admittance Before Settlement Commission not Justify Denial of Warehouse License Renewal

August 4, 2023 627 Views 0 comment Print

CESTAT Chennai held that non-renewal of Private Bonded Warehouse license alleging settlement of disputes and admission of duty liability before Settlement Commission is unjustified. As post settlement, immunity is granted to the assessee from fine, penalty and prosecution under Customs Act and any other Central Act.

CVD Exemption under Notification No. 30/2004-CE Valid for Trader not Availing CENVAT Credit

August 1, 2023 672 Views 0 comment Print

An exploration of CESTAT Chennai’s judgement on CVD exemption under Notification No. 30/2004-CE for a trader not availing CENVAT credit.

Refund sanctioned after due verification cannot be withhold on Vague allegations

August 1, 2023 651 Views 0 comment Print

CESTAT Chennai supports the sanctioning of a customs duty refund claim for K.I. International Ltd after thorough document verification. Learn more here.

Conversion of Shipping Bills cannot be denied for non-examination of goods

July 31, 2023 555 Views 0 comment Print

CESTAT Chennai grants approval for the amendment of shipping bills in the case of Regin Exports. The rejection of the request by the authorities is set aside, citing the absence of examination as an insufficient reason for denial.

Uncorroborated Statements: No Basis for CHA License Revocation

July 31, 2023 297 Views 0 comment Print

CESTAT Chennai allows the appeal by VNMS Ayyachamy Nadar & Bros against the order of the Commissioner of Customs. The revocation of the CHA license is set aside, and a partial forfeiture of the security deposit is upheld.

CESTAT Chennai: External Hard Disc Drives Eligible for Customs Duty Exemption

July 31, 2023 588 Views 0 comment Print

CESTAT Chennai upheld the eligibility of “External Hard Disc Drives” for exemption from customs duty under Notification No. 12/2012-CE. The classification as per the Central Excise Tariff Act was crucial in determining the benefit.

Anti-Dumping Duty Not Applicable to Import of Used Machinery: CESTAT Chennai

July 31, 2023 1596 Views 1 comment Print

CESTAT Chennai upholds that anti-dumping duty (ADD) cannot be levied on used and second-hand machinery imported from China. The ruling protects importers from double jeopardy in ADD imposition.

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