CESTAT Delhi confirms no penalty for Sarang Wadhawan under Customs Act Section 114AA, finding no false declaration in the import of an aircraft.
Goods (tyres) imported by assessee was without any BIS markings being in violation of the statutory provisions were not permissible to be imported, and hence they were liable for confiscation under Section 111 of the Customs Act.
The alleged misdeclaration in the year of manufacture of the machinery to be imported by the appellant to the Directorate General of Foreign Trade ( DGFT ) did not fall within the purview of Section 114AA of the Customs Act, 1962.
CESTAT Delhi held that goods are liable for confiscation u/s. 111(m) of the Customs Act 1962 since goods are mis-declared with intention to evade imposition of anti-dumping duty under notification no. 51/2012-CUS(ADD) dated 03.12.2012. Further, penalty also imposed u/s. 114(A) of the Customs Act.
Nokia India Pvt. Ltd. faced a service tax demand for short payments, penalties, and CENVAT credit issues during the period 2003–2007. CESTAT ruling clarified the matter.
CESTAT Delhi rules in favor of Ambuja Cements, allowing CENVAT credit for service tax on GTA services used to transport goods to buyers on FOR basis.
CESTAT Delhi held that import of ‘hCG Pregnancy Rapid Test Strip’ and ‘hCG Pregnancy Rapid Test Cassette’ i.e. pregnancy detection kits based on ‘agglutinating sera’ are eligible for exemption notification. Accordingly, customs duty not leviable on the same.
CESTAT Delhi held that revocation of customs broker license without providing relied upon documents and statements by the Inquiry Officer is against the principles of natural justice and hence the order deserves to be set aside.
CESTAT Delhi held that penalty under section 112 and 114AA of the Customs Act, 1962 duly imposed since the appellant had intentionally mis-declared the nature of the goods in the Bill of Entry (BOE).
CESTAT Delhi held that declared price is price for delivery at the time and place of importation unless contrary proved by department. Since onus not discharged, the declared price remains unimpeached.
