CESTAT Delhi permits Micromax to raise an alternative classification of LCD/LED panels under CTI 9013 80 10, challenging the Customs duty exemption denial by authorities.
CESTAT Delhi held that initiation of proceedings against customs broker for violation of regulation 11(d) and 11(n) of CBLR, 2013 not justified as CHA not required to enquire and verify the genuineness of IE code given to it by a client for each import/export transaction.
CESTAT Delhi rules that Revenue cannot appeal against a Commissioner’s order under Customs Brokers Licensing Regulations, affirming Delhi High Court’s precedent.
CESTAT Delhi sets aside the order on sole reason that show cause notice doesn’t even state the allegations in respect of violation of four regulations under CBLR 2013 by customs broker. Thus, order quashed as notice is absolutely vague.
Since there was no infirmity on the behalf of the investigation agencies in invoking confiscation under section 123 of the Customs Act, 1962 in respect of seven gold bars bearing foreign markings out of the ten bars seized.
Consequently, the assessable value and duty must be redetermined. The goods were correctly held to be liable for confiscation under section 111(m) but were not actually confiscated nor any redemption fine was imposed.
The Commissioner (Appeals), however, proceed to imagine grounds for enhancement of the value and dealt with them. This exercise was really not required to be undertaken by the Commissioner (Appeals).
CESTAT Delhi held that interest is payable on amount deposited during the course of investigation and refunded back due to NIL. Interest is payable at the rate of 12% from the date of deposit till the date of refund.
CESTAT ruled extended demand period unsustainable without proven intent to evade tax, setting aside Rs. 11 Cr excise duty demand on Kanoria Energy & Infrastructure.
CESTAT Delhi held that imposition of penalty under section 11AC(1)(a) of the Central Excise Act, 1944 mandatory on account of shortage detected during the course of search. Accordingly, penalty upheld.
