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CESTAT Kolkata

Enhanced rate of notification 87/2017-Cus. doesn’t apply where date of entry inwards are prior to 20.11.2017

May 8, 2025 546 Views 0 comment Print

CESTAT Kolkata held that the enhanced rate of duty in terms of Notification No. 87/2017-Cus. dated 17.11.2017 is not applicable here since notification was published in Official Gazette on 20.11.2017 and date of entry inwards are prior to 20.11.2017.

Financer Not Liable for Import Undervaluation Penalty Without Proven Involvement: CESTAT Kolkata

April 19, 2025 414 Views 0 comment Print

CESTAT Kolkata sets aside penalty on Rakesh Magoo, citing lack of evidence and violation of natural justice in customs undervaluation case.

Ethyl Benzene is isomer of xylene hence classified under CTH 29024400

April 18, 2025 618 Views 0 comment Print

CESTAT Kolkata held that Ethyl Benzene is isomer of xylene and hence correctly classifiable under Customs Tariff Heading [CTH] 29024400. Accordingly, order demand differential duty set aside and appeal of the assessee allowed.

Works Rolls Classified as Capital Goods: Import Allowed Under Status Holder Incentive Scheme

April 15, 2025 663 Views 0 comment Print

CESTAT Kolkata held that ‘Works Rolls’ are Capital Goods and not spare parts and hence eligible to be imported against full utilization of Status Holder Incentive Scheme [SHIS Scheme]. Accordingly, appeal of assessee allowed.

CESTAT Kolkata Reduces SAIL’s Customs Penalty from ₹44 Lakh to ₹2.25 Lakh

April 2, 2025 471 Views 0 comment Print

CESTAT Kolkata lowers SAIL’s customs penalty from ₹44 lakh to ₹2.25 lakh for delayed document filing in provisional assessments under Regulation 5.

Failure to provide test reports: CESTAT Kolkata Sets Aside Customs Duty Order

April 1, 2025 450 Views 0 comment Print

CESTAT Kolkata sets aside customs duty order as authorities failed to provide test reports. Case remanded for fresh adjudication following natural justice principles.

Gold Confiscation Order Quashed Due to Lack of Reasonable Belief in Smuggling Case

March 12, 2025 1275 Views 0 comment Print

Assessee was unable to produce list of documents for the gold, leading to its seizure under Section 110 of the Customs Act, 1962. The gold was later inventoried and seized at the Customs House, and assessee recorded a voluntary statement.

No export duty payable on Indian Refractory Mortar classifiable under CTH 38160000

March 10, 2025 561 Views 0 comment Print

CESTAT Kolkata held that Indian Refractory Mortar is classifiable under CTH 38160000 and not under CTH 2610. Thus, no export duty payable on the same. Accordingly, appeal of the revenue dismissed.

Logistics Services in Mining Areas are Ancillary services, Not Mining services

March 5, 2025 657 Views 0 comment Print

CESTAT Kolkata held coal transportation within mines by BLA Infra-GKMWPL JV taxable under transportation, not mining services. Service tax demand overturned.

Extended Limitation Cannot Be Invoked Twice for Same Issue: CESTAT Kolkata

February 26, 2025 801 Views 0 comment Print

Once a demand has been raised for any issue by invoking extended period of limitation, then another demand cannot be raised again by invoking extended period on same issue for a subsequent period.

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