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Customs Duty Case Laws, Refund Updates & SEZ Rulings
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Custom
Customs – Bombay High Court: Section 110A states that goods could have been permitted to be released only in favour of an owner, hence rejection of provisional release of goods by adjudicating authority is valid as Respo...
Customs- Cestat Chennai: As the importer is not traceable and the address as well as GST registration reflected in the documents are found to be fake, the act of the Appellant viz. Custom Broker, in filing the Bill of En...
Customs –CBIC has issued Instruction dated 12 September 2022 regarding amendment in the Export Policy of broken rice against ITC (HS) Code 1006 4000. [Instruction Attached]
Customs – Cestat New Delhi: Wireless Access Points (WAP) works on technology and is a network equipment, rightly classified under CTH 8517 62 90 and is exempt from whole of the customs duty – Revenue appeal dismissed [Or...
Customs – Cestat New Delhi: Appellant has rightly classified Colour data projectors under CTH 8528 62 00 and are eligible for BCD exemption: Appeal allowed. [Order Attached dated 12 September 2022]
Customs - CBIC vide Instruction dated 09 September has issued clarification regarding Food Safety and Standards Authority of India (“FSSAI”) requirement of Agricultural Marketing (“AGMARK”) certification in case of impor...
Customs – Cestat New Delhi: BCD exemption has been correctly availed by Reliance on import of non-scheduled (passenger) aircraft as DGCA has not found the use of the aircraft to be in violation of permit for non-schedule...
Customs - Cestat New Delhi – Show Cause Notice issued beyond ninety days of investigation report is not valid – Department has erred in treating show cause notice as offence report to revoke the license of the appellant:...
Customs –CBIC has issued Instructions for prescribing new procedure for disposal of gold. [Instruction Attached dated 6th September 2022]
Custom – New Delhi High Court: Since AIR of duty drawback is available with respect to the goods in issue, therefore, there is no requirement to seek fixation of brand rate – Petitioner is entitled to duty drawback of Cu...
Customs – Cestat Ahmedabad: As the self-assessment of duty by the appellant has attained finality and has not been appealed against, now it cannot be contended that less duty was required to be paid, hence no refund can...
Customs – New Delhi High Court: In absence of electronic processing of the request of petitioner for grant of MEIS benefits, DGFT is directed to issue manual MEIS scrip and the same would be honored by the ICD Customs wi...
Customs – Cestat New Delhi: Customs officers cannot add conditions to Duty Free Import Authorization license and insist that the inputs have to fall under a particular HSN - Materials even if not used directly, but used...
Customs – Cestat Bangalore: Transaction value cannot be rejected merely basis value of identical items imported earlier were of higher value - There should be evidence on record to show that the importers have paid direc...
Customs – CBIC has issued instruction dated 30 August 2022 in relation to amending the export policy for wheat, maida, samolina (rava/sirgi), etc. [Instruction attached - dated 30 August 2022]
Customs – Cestat New Delhi: Penalty vide SCN cannot be imposed if opportunity was not even provided to file reply to the SCN: Appeal dismissed. [Order Attached dated 29 August 2022]
Customs - Cestat Mumbai: Case cannot be remanded back by Commissioner (A) limited to a specific purpose, instead can be remanded back to examine all the issues involved in appeal and decide the matter after giving opport...
Customs – Cestat Mumbai: Though under the new incorporation in section 28 of Customs Act the facility of reduced penalty to 15% was made available, but the appellant cannot opt himself for the benefit by concluding the p...
Customs - Cestat Mumbai: Suspension of Custom broker license after delay of a year gives an impression that action of suspension was not warranted - Impugned order is set aside [Attached order dated 24 August 2022]
Customs - CBIC has issued Circular regarding simplification of the procedure for compounding offences under the Customs Act [Circular attached]
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