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Judiciary

Security Deposit Forfeiture justified for Customs Broker’s Failure to Proactively Fulfill Obligations

December 12, 2023 570 Views 0 comment Print

CESTAT Mumbai held that forfeiture of security deposit justified as Customs Broker failed to act in a proactive manner in fulfilling their obligation as Customs Broker, particularly when the import documents were obtained from the importers through an intermediary.

Revocation of customs broker license unjustified as suspension for two years enough

December 12, 2023 777 Views 0 comment Print

CESTAT Mumbai held that revocation of Customs Broker license unjustified as punishment suffered by being out of Customs broker business for about two years is enough to mitigate case of violations or contraventions of CBLR, 2018.

Gopal Selvam GST Registration Dispute: Madras High Court Decision

December 12, 2023 624 Views 0 comment Print

Explore the recent Madras High Court ruling on GST Registration dispute involving Gopal Selvam. Details on the grounds, court’s view, and implications for businesses.

No customs duty demand on import of Antique Finished Rifles without verifying FSL Report

December 12, 2023 327 Views 0 comment Print

Neither the applicability of the legal provisions particularly with reference to the Arms Act and the Rules and various notifications had been considered nor any reasoning had been given with reference thereto, therefore, CESTAT quashed the Customs duty demand on the import of antique finished rifles with a direction to the appellate authority to consider the appeal and decide the same giving proper and substantive reasoning in support thereof.

Purpose of Motor Vehicles Act Section 31 Limited to Tax Collection, Not for Verifying Vehicle Possession

December 12, 2023 558 Views 0 comment Print

Since assessee was not having any evidence even to prove the said fact that he had made the payment towards installment of loan for the muddamal vehicle, the Magistrate had to verify the aspect of ownership of the muddamal vehicle after conducting inquiry and should handover the custody of the muddamal vehicle at the end of the trial if assessee was able to prove his better title and possession over respondent without being influenced by any of the observations made by Revisional Court in Criminal Revision Application.

Additional evidence proving sales promotion expense not hit by Medical Regulation need fresh examination

December 12, 2023 438 Views 0 comment Print

ITAT Mumbai held that additional evidences submitted contesting that sales promotion expenses are not hit by the Medical Council Regulations. Accordingly, matter set aside for fresh examination as such additional evidences require examination at the end of AO.

CESTAT cannot restore appeals if taxpayer not complies with deposit orders

December 12, 2023 510 Views 0 comment Print

Pelican Tobacco Co. Ltd. appeals against CESAT’s jurisdiction in Punjab and Haryana High Court. Analysis of non-compliance with deposit orders and legal process misuse.

Procedural Lapse Shouldn’t Hinder Customs Duty Benefit: CESTAT Kolkata

December 12, 2023 375 Views 0 comment Print

CESTAT Kolkata rules that procedural lapses shouldn’t obstruct substantive customs duty benefits. Case analysis of Softel Overseas Private Limited vs. Commissioner of Customs.

No Grounds for Suspending Customs Broker License Without Deliberate Duty Evasion

December 12, 2023 402 Views 0 comment Print

SP Agency Vs Commissioner of Customs (CESTAT Kolkata) Suspension of Customs Broker Licence not warranted if appellant not deliberately classified the goods to evade payment of duty

IGST on reimbursement to overseas entities: HC grants stay to BMW India

December 12, 2023 975 Views 0 comment Print

The case of BMW India Pvt. Ltd. vs. Union of India (UOI) and others, as heard in the Punjab and Haryana High Court, revolves around the imposition of Integrated Goods and Services Tax (IGST) on amounts reimbursed to overseas entities for services rendered.

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