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Customs Duty Case Laws, Refund Updates & SEZ Rulings
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Custom
Customs – Cestat New Delhi: QuickLime, where the purity is less than 98% would be classified under CTH 25221000 and not 28259090 - Appeal allowed (Order attached dated 03 October 2022).
Customs - Cestat New Delhi: The imported packages have never been opened either by the Customs Authorities for inspection nor any sample was drawn duty on goods allegedly pilfered from Customs Area – Dispute of goods by...
Customs - Cestat Delhi: Issue of denial of exemption due to doubt on authenticity of Country of origin Certificate – Held that on sole ground that incomplete information to the questionnaire has been provided, benefit of...
Customs - Delhi High Court - Food Safety and Standards Authority of India (FSSAI) cannot refuse inspection merely on the ground that the goods are stored in a public warehouse [Order attached\]
Custom – Madras High Court: As it is merely the title of the shipping bills that is stated to require alteration under section 149 for enabling the appellant herein to remedy the defect pointed out by the licensing autho...
Customs – Cestat New Delhi: Appellant has imported the goods originating from Afghanistan and the goods were only transiting through Pakistan, hence custom duty is exempt and not leviable to 200% - Importer is not bound...
Customs – Cestat Chennai: Redemption fine is not imposable for improper importation of goods if such goods subsequently re-exported by the importer, however, penalty is required to be imposed for violation of the Customs...
Customs – Cestat Ahmedabad: Goods (viz. office furniture and equipment) which are part of the complete plant and are used in relation to manufacturing of goods (viz. stainless steel tube manufacturing plant) directly or...
Custom – Cestat Chennai: Appellant cannot claim refund of CVD as the period of limitation would not start from the date of the favourable judgement of Hon’ble Apex Court, but would start from the date of finalization of...
Customs - Cestat Mumbai: Customs broker shall be held responsible for all acts and omissions of his employees during their employment: Appeal dismissed by confirming the penalty on violation of CHA Licencing Regulation [...
Customs – Cestat Ahmedabad: HDPE compounded with 2% carbon black is eligible for exemption - In absence of test conducted by Government controlled laboratory, the test report of the supplier has to be fully considered: A...
Customs – Cestat New Delhi: Router Line Cards, being essential for the Routers to operate are to be classified under CTH 8517 70 90 and not CTH 8517 69 90: Appeal allowed by allowing exemption. [Order Attached dated 20 S...
Customs – Cestat Ahmedabad: Allegation of gold smuggling and penalty under Section 112(b) can be imposed only when knowledge with regard to offence on part of the person has been established, which has department failed...
Customs – Cestat Kolkata: No penalty can be raised on the Appellant by alleging fraudulent exports as they are only a C&F Agent and has been facilitating transporting, loading and unloading on the basis of the documents...
Customs – Cestat Ahmedabad: Even though Revenue responded vide letter dated 11.01.2016 and 01.08.2016 but as the appellant thereafter has preferred the appeal against the letter communicated on 10.05.2018, the appeal is...
Custom - CBIC amended the regulation of Electronic Duty Credit Ledger Regulations, 2022 by extending the validity of e-scrip from 1 year to 2 years in respect to utilization and transfer of duty credit scrips [Notificati...
Customs – CBIC has amended the prescribed manner to issue duty credit for goods exported under the Scheme for Remission of Duties and Taxes on Exported Products (“RoDTEP”) [Attached notification dated 14 September 2022]
Customs - CBIC has issued Circular regarding the transhipment through India of containerized export cargo of Bangladesh destined for third countries using Riverine and Land routes [Attached Circular dated 14 September 20...
Customs - Cestat New Delhi: Voluntarily deposit during investigation cannot be treated as pre-deposit as demand was confirmed and appropriated by the Impugned Order before the Tribunal in the earlier round of proceedings...
Customs - Madras High Court: Due to technical error or lacunae in the electronic system, exporters cannot be deprived of the benefit or incentive given under MEIS - Petitioner cannot be deprived of its rights to avail be...
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