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CESTAT Mumbai

CESTAT allows Refund claim of unutilised CENVAT Credit of Pre-GST regime

August 26, 2022 1620 Views 0 comment Print

Appellant entitled to get cash refund against CENVAT Credit available to its credit during pre GST regime under Section 142(3) of CGST Act

CESTAT condones delay of 2644 days in filing appeal by sick unit before BIFR under SICA

August 25, 2022 696 Views 0 comment Print

Royal Cushion Vinyl Products Limited Vs Commissioner Of Customs Export (CESTAT Mumbai) On perusal of the date chart/list of events, as above, we find that as a sick company, the applicant was pursuing the matter before the BIFR under the Sick Industrial Companies (special Provisions) Act, 1985. Further, on examination of the case records, we […]

Differential classification of same goods imported at different places would negate very purpose of Tariff Act

August 25, 2022 1860 Views 0 comment Print

Commissioner of Customs Vs Reliance Jio Infocomm Ltd (CESTAT Mumbai) Differential classification of same goods imported at different places would negate very purpose of Tariff Act CESTAT held that differential classification of the impugned goods imported at different places would negate the very purpose of the Tariff Act on the one hand and would cause avoidable […]

Rejection of transaction value in absence of contemporaneous import is unsustainable

August 22, 2022 873 Views 0 comment Print

Held that department failed to brought on record independent evidence showing that the price of imported goods were over-valued. Accordingly, in the absence of contemporaneous imports, the transaction value cannot be discarded.

Benefit given to importer as dept failed to substantiate allegation of undervaluation

August 15, 2022 1281 Views 0 comment Print

Held that no iota of evidence was submitted by Revenue regarding under valuation of goods and hence benefit given to the appellant.

Antecedents of an importers cannot be evidence for undervaluation of goods

August 5, 2022 831 Views 0 comment Print

Held that antecedents cannot be an evidence for the alleged undervaluation of the goods. At best antecedents may be a reason for creating a suspicion and be a reason for causing an enquiry or Investigation.

Seized goods can be released on provisional basis inspite of pending adjudication proceedings

August 4, 2022 2550 Views 0 comment Print

Held that a person from whom goods are seized has the right to seek provisional release immediately even as adjudication proceedings takes its own course.

CESTAT condones 1354 days delay in Appeal filing due to Mental Insanity

July 31, 2022 597 Views 0 comment Print

Rosa Impex Private Limited Vs Commissioner of CGST (CESTAT Mumbai) In acceptance of the death of Managing Director and brain haemorrhage of the present Director of the Appellant Company as legal disability due to mental insanity, etc. delay in filing the appeal before the Commissioner (Appeals) is condoned at this end by invoking the principle […]

Penalty leviable for Misclassification of Goods with malafide intentions

July 25, 2022 4281 Views 0 comment Print

Scania Commercial Vehicles India P Ltd. Vs Commissioner of Customs (Import) (CESTAT Mumbai) In this case appellant had mis-classified the goods with an intention to evade payment of appropriate Custom duty. The appellant resorted to mis-classification / mis-declaration of description of goods showing number of packages as two instead of manifested number of packages as […]

Seafarer’s recruitment service provider is not an intermediary

July 25, 2022 1002 Views 0 comment Print

Seafarer’s recruitment service provider, who processes the entire selection, medical test, insurance, transportation, training etc. to the overseas client and received convertible foreign exchange, is not an intermediary.

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