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CESTAT Kolkata

Mere Two Set of Invoices Insufficient to Prove Clandestine Removal Without Evidence

February 15, 2024 645 Views 0 comment Print

CESTAT Kolkata overturns charges against Sharda Rerollers for alleged clandestine removal, emphasizing the need for corroborative evidence in such cases.

CESTAT Upholds Removal of Customs Duty Differential Demand on Imported ‘Poppy Seeds’

January 16, 2024 363 Views 0 comment Print

Read the full text of CESTAT Kolkata’s order on the Commissioner of Customs vs. Sawetri Trading Company case. Analysis reveals key factors influencing customs duty demand on Poppy Seeds.

Absence of Mensrea: Penalty Set Aside in Red Sanders Export Case

January 13, 2024 759 Views 0 comment Print

Chandan Chatterjee vs Commissioner of Customs – CESTAT Kolkata ruling on attempted red sanders export, Customs Broker penalty set aside. Full analysis of the case.

CESTAT Sets Aside Service Tax Demand as it was Based Solely on Income Tax Form 26AS

January 11, 2024 3117 Views 0 comment Print

Rajeshwar Prasad Choudhari challenges service tax demand based on Form 26AS data. CESTAT Kolkata sets aside order due to lack of evidence. Detailed analysis and key legal precedents.

Regulation 10(n) not mandate Customs Broker to physically verify address correctness

January 11, 2024 966 Views 0 comment Print

CESTAT Kolkata rules on Customs Broker’s compliance with CBLR. Sinha Shipping Agency wins against Customs Commissioner. Full text analysis of the order provided.

No Redemption Fine & Penalty if Customs Notification Compiled: CESTAT Kolkata

January 9, 2024 405 Views 0 comment Print

Read the CESTAT Kolkata order where non-imposition of redemption fine and penalty is upheld, ensuring compliance with Customs Notification. Full analysis here.

Shipping Bill Assessment cannot be Challenged Without Final Order: CESTAT

January 9, 2024 582 Views 0 comment Print

Explore the CESTAT Kolkata order on refund claims rejected due to shipping bill assessment. Learn about Section 17 (5) of the Customs Act and its implications for challenging assessments.

Valuation of iron ore set aside due to inordinate delay in testing samples

January 6, 2024 1008 Views 0 comment Print

CESTAT Kolkata in the matter of valuation of iron ore held that inordinate delay in testing the sample is virtually suicidal to the outcome of the test results. Hence, valuation set aside.

Refund Claim Valid for Customs Duty paid via DEPB Scrip: CESTAT Kolkata

January 4, 2024 648 Views 0 comment Print

CESTAT Kolkata upholds refund claim by New Way Vyapaar Private Limited, stating customs duty paid through DEPB Scrip cannot be rejected. Full order analysis.

Exclusion of Know-How Fees from Assessable Value in Customs Valuation Rules

January 3, 2024 798 Views 0 comment Print

Charges of Know How agreement were not required to be added to the assessable value of imported goods in terms of Customs Valuation Rules, 1988 as there was no technical know-how fees attributable towards post import related/associated acts and activities and thereby no case arose for scaling up the assessable value with the inclusion of the royalty charges.

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