Cancelled Invoice Not Dutiable for Imports as Additional Consideration: CESTAT Delhi

Edag Technologies India Pvt. Ltd Vs Commissioner of Customs (CESTAT Delhi)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) Delhi Bench has delivered a significant ruling, setting aside an order that sought to impose customs duty, interest, and penalties on EDAG Technologies India Pvt. Ltd. The case revolved around a €1 million invoice issued by EDAG Germany to its Indian subsidiary, EDAG Technologies India, which was later cancelled. The Customs department had argued that this amount represented suppressed value of imported goods, leading to undervaluation.

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