CESTAT Delhi held that it is rightly concluded that the foreign origin cigarettes are smuggled since the assessee failed to produce any documents proving that the cigarettes seized were validly imported. Accordingly, appeal dismissed.
CESTAT Delhi held that exemption from BCD and CVD, and IGST would be payable @ 5% as provided for in List 1 of the IGST Rate Notification is available on import of HIV-VL test kits. Accordingly, appeal allowed and order set aside.
CESTAT Delhi held that bonafide declaration of value of goods cannot be concluded as suppression merely because the value was ultimately found to be incorrect. Accordingly, penalty u/s. 114A and 112 of Customs Act set aside.
CESTAT Delhi sets aside import duty hike on bitumen for Varaha Infra, affirming use of lowest comparable value for identical goods.
CESTAT Delhi held that lending of IEC Code is not an offence under the Customs Act. Accordingly, penalty under section 114AA of the Customs Act imposed for the same is not sustainable and liable to be set aside.
Assessee invoiced the client department for a consolidated sum towards the amounts charged by the empanelled agencies, service tax on their services and 10% or 15% as its service charges and service tax on its service charges.
CESTAT Delhi held that penalty under section 114AB of the Customs Act couldn’t be imposed merely on the basis of statement made under section 108 since it cannot be considered as evidence u/s. 138B of the Customs Act. Accordingly, appeal allowed.
The appellant is engaged in providing construction of commercial or industrial building services. It claims to have discharged service tax on this service. It is also in receipt of legal and professional services, and works contract service which are chargeable to service tax under reverse charge mechanism.
CESTAT Delhi held that re-determining the value under residual provisions of rule 9 of the Customs Valuation rules without rejecting the transaction value is not sustainable in law. Accordingly, appeal allowed.
CESTAT Delhi held that statement recorded under section 108 of the Customs Act cannot be considered as evidence under section 138B of the Customs Act. Accordingly, demand based on the statement recorded cannot be sustained. Thus, order set aside and appeal allowed.
