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CESTAT Mumbai

Latest Posts in CESTAT Mumbai

No Section 112(b) Customs Penalty on co-noticee Without Positive Knowledge: CESTAT Mumbai

December 10, 2024 177 Views 0 comment Print

CESTAT Mumbai quashes ₹1,00,000 penalty on co-noticee under Section 112(b) of Customs Act, citing lack of evidence linking him to DEEC scheme violations. Read full order.

CESTAT Restores Appeal After Notice Sent to Wrong Address

December 10, 2024 126 Views 0 comment Print

Damodar Nayak Vs Commissioner of Customs (Export Promotion) (CESTAT Mumbai) Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) restored an appeal after two years, observing that the appellant was not served with a notice of the final hearing due to an incorrect address provided by the previous advocate. The tribunal noted that the earlier counsel […]

Coating machine classifiable under Customs Tariff Item 8422 30 00: CESTAT Mumbai

December 4, 2024 174 Views 0 comment Print

The said SCN was adjudicated by the learned Commissioner of Customs in the impugned order by confirming the proposals made in the SCN. Feeling aggrieved with the impugned order, the appellants have filed these appeals before the Tribunal.

Custom duty Refund Limitation Starts Starts from Re-Assessment Date: CESTAT Mumbai

October 27, 2024 141 Views 0 comment Print

Section 27 of Customs Act, which specifies that limitation period for refunds must be calculated from date of reassessment, not from initial filing of bills of entry.

Central Excise classification of propylene: CESTAT set aside demand & allowed appeal

October 19, 2024 126 Views 0 comment Print

BPCL challenges the Central Excise classification of propylene, seeking relief against the differential duty imposed by the authorities.

Unutilized Cenvat credit can be adjusted against Service Tax demands under GST regime

October 19, 2024 291 Views 0 comment Print

CESTAT Mumbai sets aside service tax demand against Konkan Railway for excess Cenvat credit adjustment due to unutilized credit under CGST Act, 2017.

Allegation of mis-declaration without challenging transaction value untenable: CESTAT Mumbai

October 7, 2024 243 Views 0 comment Print

CESTAT Mumbai held that allegation of mis-declaration and duty demand thereon not sustained as department doesn’t challenged transaction value. Further, importer duly mentioned value of all the imported goods in the invoice. Hence, duty demand not sustained.

Rejection of refund claim on procedural ground invalidated: CESTAT Mumbai

September 28, 2024 609 Views 0 comment Print

CESTAT Mumbai held that rejection of refund claim on procedural grounds of non-furnishing of documents required to process the claim in invalidated. Accordingly, order set aside and matter restored to original authority.

Customs Penalty on VABL License Holder Quashed Due to Lack of Forgery Evidence

September 26, 2024 153 Views 0 comment Print

There was no indication of action for cancellation having taken by DGFT authorities or any information provided by Revenue that an action was later taken by DGFT authorities.

Customs Broker Not Handling Export Consignment Not in Violation of Regulations 10(d) & 10(n)

September 20, 2024 3501 Views 0 comment Print

CESTAT Mumbai held that appellants Customs Broker (CB) was not handling the export consignment hence it cannot be said that they had violated Regulation 10(d) and 10(n). Thus, revocation of license unjustified.

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