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CESTAT Kolkata

Shipping Bill Assessment cannot be Challenged Without Final Order: CESTAT

January 9, 2024 591 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 1026 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 690 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 840 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.

CESTAT Kolkata Upholds Redemption Fine & Penalty in Karan Impex Case

January 2, 2024 564 Views 0 comment Print

CESTAT Kolkata confirms redemption fine and penalty against Karan Impex for importing old clothing. Detailed analysis of the order and its implications.

Mere Accounting Treatment Not Conclusive Proof of Duty Burden Passing

January 2, 2024 642 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 666 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 459 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 861 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 330 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).

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