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Section 112(b)(ii) of Customs Act – Mens rea important for imposing penalty

Case Name : Ajay Sarawagi Vs Commissioner of Customs (Preventive), Shillong (CESTAT Kolkata)
Appeal Number : Customs Appeal No. 75626 of 2021
Date of Judgement/Order : 17/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Kolkata (369)
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Good cannot be treated as smuggled Merely for foreign origin of goods

Case Name : Gagan Deorah Vs Commissioner of CGST & Central Excise & Customs (CESTAT Kolkata)
Appeal Number : Customs Appeal No. 75009 of 2022
Date of Judgement/Order : 17/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Kolkata (369)
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CHA Licence cannot be revoked if No Explicit Findings that CHA Abetted in Contravening Customs Act Provisions

Case Name : Tass Clearing Services Pvt Ltd. Vs Commissioner of Central Excise, Customs & Service Tax (CESTAT Hyderabad)
Appeal Number : Customs Appeal No. 2564 of 2011
Date of Judgement/Order : 17/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Hyderabad (110)
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In case of port shift custom duty already paid at earlier port needs to be refunded

Case Name : Shree Cement Ltd Vs C.C.-Jamnagar (prev) (CESTAT Ahmedabad)
Appeal Number : Customs Appeal No. 14163 of 2013
Date of Judgement/Order : 20/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Ahmedabad (816)
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Goods seized for Undervaluation – CESTAT relaxes conditions for release

Case Name : OSM Ecocar Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai)
Appeal Number : Custom Appeal No. 85263 of 2023
Date of Judgement/Order : 19/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Mumbai (506)
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CWC entitled to demand and collect rent for goods entrusted to its custody

Case Name : Mumtaz Mehboob Munshi Vs Commissioner of Customs (Calcutta High Court)
Appeal Number : A.P.O. No. 28 of 2023
Date of Judgement/Order : 13/04/2023
Related Assessment Year :
Courts : All High Courts (13909) Calcutta High Court (838)
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Customs Value declared by Assessee cannot be enhanced without rejecting it under Rule 12  

Case Name : C.C. Vs Chandan Exports (CESTAT Ahmedabad)
Appeal Number : Customs Appeal No. 10893 of 2019
Date of Judgement/Order : 05/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Ahmedabad (816)
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CVD Exemption cannot be denied based on Impossible Condition in notification

Case Name : Commissioner of Customs (Exports) Vs Kailash Kumar Kishorpuria (CESTAT Chennai)
Appeal Number : Customs Appeal No.40701 & 40702 of 2013
Date of Judgement/Order : 18/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Chennai (646)
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Customs Broker Licence cannot be revoked for relying on data available on Govt websites

Case Name : ARS International Vs Commissioner of Customs (CESTAT Chennai)
Appeal Number : Customs Appeal No.40479 of 2022
Date of Judgement/Order : 13/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Chennai (646)
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In absence of foreign marking and cogent evidence, onus is on department to prove that gold is smuggled

Case Name : Commissioner of Customs Vs Shri Mohammed Ali Jinnah (CESTAT Chennai)
Appeal Number : Customs Appeal No. 40099 of 2020
Date of Judgement/Order : 20/04/2023
Related Assessment Year :
Courts : All CESTAT (3900) CESTAT Chennai (646)
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