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CESTAT Chennai

Goods are not confiscatable u/s 111(d) of Customs Act can be held to be not prohibited

October 17, 2022 6615 Views 0 comment Print

CESTAT Chennai held that when goods are held not confiscatable under Section 111(d) of the Customs Act, 1962, then it can be reasonably held that the import was not prohibited.

CVD Refund cannot be claimed after 10 years of adjudication/assessment

October 17, 2022 543 Views 0 comment Print

Sree Rajendra Textiles Vs Commissioner of Customs (CESTAT Chennai) There is no dispute that after adjudication / assessment, the appellant did remit the CVD plus BCD and the same was not under protest and, as could be seen from the pleadings as well as the orders of both the lower authorities, the said adjudication / […]

Penalty u/s 112(a) imposed on customs broker as importer of undeclared/ undervalued goods not traceable

September 21, 2022 3504 Views 0 comment Print

Held that penalty u/s 112(a) imposed on customs broker is justified as importer of undeclared goods and undervalued goods is not traceable and the address as well as GST registration reflected in the documents are found to be fake.

CESTAT allows CENVAT credit on MS items used for fabricating & installing plant 

September 21, 2022 522 Views 0 comment Print

There is no dispute that the MS items were used for fabricating and installing paint plant within the premises of the appellant. The said paint plant is also integral to the manufacturing activity. After appreciating the facts and applying the decision in the case of India Cements Ltd. (supra), CESTAT hold that the credit availed on MS items has to be allowed to the appellant. 

No Absolute Confiscation or Re-Export of Goods cleared for Domestic Consumption

September 10, 2022 774 Views 0 comment Print

Commissioner of Customs (Imports) Vs Pankaj Electronics (CESTAT Chennai) Once the goods have been released after inspection by authorized Chartered Engineer, as has been noted by the Hon’ble High Court, there cannot be any contrary view possible in the present appeal. Ten years down the time line after release of the goods per direction of […]

Axe Universal Oil is a Ayurvedic product classifiable under Chapter 30

September 9, 2022 2103 Views 0 comment Print

CESTAT held that Axe Brand Universal Oil classifiable under Chapter 30 as it is similar to Amrutanjan, Vicks, Tiger Balm which were held to be classifiable under Chapter 30 by Hon’ble Supreme Court in the case of Amrutanjan Ltd. Vs. Collector of Central Excise – 1995 (77) ELT 500 (SC).

Cenvat credit cannot be denied by stating that name of Original Importer is too Technical

September 8, 2022 738 Views 0 comment Print

CESTAT held that denial of credit alleging that invoices mention the name of the original importer is too technical and cannot be accepted.

Rejection of request for conversion of free shipping bills to advance authorization scheme shipping bills not justified: CESTAT

August 17, 2022 5850 Views 0 comment Print

Neha Agrawal Carboline India Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai) Facts: i. The appellant had exported ‘Paint for fire proofing THERMO Lag 3000 SP’ vide 2 shipping bills dated 18.04.2018 and 02.05.2018. ii. Two Advance authorisations (AA) dated 09.04.2018 & 02.05.2018 were obtained for duty free import of raw materials with an export […]

Revenue cannot allege switching of samples without proper evidence

August 16, 2022 711 Views 0 comment Print

Revenue has only alleged about the switching of samples, but has nowhere established how and where the switching had taken place since, admittedly, right from day one, the goods were at the godown of the CFS, the accessibility of which may not be that easy.

ITAT condones Delay in Appeal filing due to Death of Counsel

July 30, 2022 708 Views 0 comment Print

ITAT condones Delay in Appeal filing as appellant could not file appeal within time stipulated due to  death of his counsel

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