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CESTAT Kolkata

Mere Accounting Treatment Not Conclusive Proof of Duty Burden Passing

January 2, 2024 1266 Views 0 comment Print

CESTAT Kolkata’s order on Commissioner of Customs vs. KEC International Limited. Justifying burden of customs duty, accounting not conclusive proof. Detailed analysis and conclusions.

Bar of unjust enrichment doesn’t apply as imported goods used for manufacture of final product

January 2, 2024 1146 Views 0 comment Print

CESTAT Kolkata held that question of unjust enrichment in terms of section 27(2) of the Customs Act doesn’t not arise as imported goods are used as raw material for manufacture of final product i.e. imported goods are not sold to someone else.

Action cannot be initiated against custom broker based on vague hypothesis & presumptions

December 31, 2023 780 Views 0 comment Print

Read the detailed analysis of JKG Infralogistics Pvt. Ltd. vs. Commissioner of Customs case. CESTAT Kolkata sets aside penalties, citing lack of evidence for Customs Broker violations.

Exclude Transportation Cost from Remnant ATF in Assessable Value: CESTAT

December 31, 2023 1614 Views 0 comment Print

CESTAT Kolkata rules in favor of Jet Airways in the case of remnant ATF valuation. Detailed analysis of the order and its implications for the aviation industry.

Benefit of notification no. 4/2006-CE dated 01.03.2006 available on import of specified manganese ore

December 23, 2023 801 Views 0 comment Print

CESTAT Kolkata held that benefit of notification no. 4/2006-CE dated 01.03.2006 is available on imported manganese ore lumps, crushed, screened, washed having ‘Mn’ content of 43%/45% (approx).

Confiscation of silver jewellary alleging to be smuggled without any evidence unsustainable

December 12, 2023 1029 Views 0 comment Print

CESTAT Kolkata held that confiscation of boondi silver and silver jewellary alleging it to be smuggled goods without any evidence to allege that these are third country origin is unsustainable in law.

Procedural Lapse Shouldn’t Hinder Customs Duty Benefit: CESTAT Kolkata

December 12, 2023 1101 Views 0 comment Print

CESTAT Kolkata rules that procedural lapses shouldn’t obstruct substantive customs duty benefits. Case analysis of Softel Overseas Private Limited vs. Commissioner of Customs.

No Grounds for Suspending Customs Broker License Without Deliberate Duty Evasion

December 12, 2023 837 Views 0 comment Print

SP Agency Vs Commissioner of Customs (CESTAT Kolkata) Suspension of Customs Broker Licence not warranted if appellant not deliberately classified the goods to evade payment of duty

Transaction value can be rejected only on extraordinary or special reasons & considerations

December 12, 2023 1164 Views 0 comment Print

Explore the legal battle between Premier Trading Company and Commissioner of Customs (CESTAT Kolkata) over rejected unit value, customs valuation rules, and market inquiry.

Time limit for claiming refund not applicable when Service Tax paid erroneously

December 11, 2023 2145 Views 0 comment Print

CESTAT Kolkata ruling in Bansal Biscuits case, where the time limit under Section 11B of the Central Excise Act is deemed inapplicable for claiming refunds on erroneously paid Service Tax.

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