Latest Customs Law Updates & Duty Refund Judgments | Taxrealtime

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GSTAT has extended relaxed and simplified appeal filing procedures on the portal till 31 December 20... Himachal Pradesh High Court: Once either Central or State GST authority initiates adjudicatory proce... Jammu & Kashmir and Ladakh High Court: While the petitioner claimed hospitalization of his father, t... Bombay High Court - Corporate guarantee issued by a parent company to its subsidiaries without recei...

Custom

Customs – Cestat Chennai: Allegation that Appellant arranging forged OOC documents and removing container from the Customs Area without proper permission – Held that no penalties can be imposed under Sections 112(a) and...

Customs – Cestat Mumbai: Since the goods were tested to be BIS compliant and manufacturer is registered by BIS, imported goods are free from taint as far as provisional release of the goods is concerned: Directed to rele...

Customs – Cestat Kolkata: Issue of revocation of customs broker licence due to allegation of fake exports – Held that without answering the Appellant’s contention that export of goods took place after due verification by...

Customs – Cestat Kolkata: Power Tillers are rotary tillers and classifiable under CTH 84.32 entitled to the benefit of concessional rate of BCD @ 2.5% - Impugned order set aside [Attached Order dated 17 August 2022].

Custom – Cestat Ahmedabad: In absence of independent evidences, it is held that Appellant was bona-fide purchaser and seller of forged licenses and was also victim like Hindalco for forgery carried out by other persons;...

Customs - CBIC has issued Instruction dated 17 August 2022 for applying the Customs (Administration of Rules of Origin under Trade Agreements) (“CAROTAR”) maintaining consistency with the provisions of relevant trade agr...

Customs – Cestat Kolkata: Without controverting the evidences produced by the Appellants, order of confiscation of Gold under section 111(d) merely basis on suspicion and presumption, is bad in law - Appeal allowed [Atta...

Customs – Orissa High Court: Corrigendum of the SCN which materially alters the original SCN both in terms of the demand and grounds, is actually a fresh SCN, which is now barred by limitation – Impugned Order is set asi...

Customs – Cestat New Delhi: There is no bar on provisional release of the Currency even if it is observed that no formal seizure order has been passed: Appeal allowed [Order attached]

Customs – CBIC has issued Circular dated 18 August 2022 in which they clarified Customs duty applicability on Display Assembly of a cellular mobile phone-reg.

Customs - CBIC has issued Circular dated 16 August 2022 regarding guidelines of Prosecution in relation to offences punishable under the Customs Act, 1962 [Circular attached]

Customs - CBIC vide Circular dated August 16 2022 has issued revised Guidelines for Arrest and Bail in relation to offences punishable under the Customs Act, 1962 [Circular attached]

Customs – Cestat Chennai: It is the discretion of the authority to determine the quantum and fine and penalty as per the gravity of the offence involved – Redemption fine as reduced by the Commissioner (Appeal) about 8 %...

Custom – Madras High Court: Recording statement of accused is necessary pre-condition before initiating proceedings on account of evasion of Custom duty - Petition allowed [Order attached]

Customs – Cestat Ahmedabad: Issue of passing ex-parte order- Principles of Natural Justice are the cardinal principles, which must be followed in every judicial and quasi-judicial proceeding, the authorities should not d...

Customs – Cestat Kolkata: Issue of eligibility of EPCG exemption – Held that ‘Capital goods’ not only includes refractories but also those imported as replacement for the purpose of re-lining or maintenance of the furnac...

Customs – CBIC vide instruction dated 12 August 2022 added certain food categories which shall be accompanied by a Health Certificate while importing them [Instruction attached]

Customs – Cestat Mumbai – Issue of valuation - Higher insured value of consignments and payment of premium to the insurance companies cannot be the justifiable ground for rejection of the transaction value - Department f...

Customs – Cestat Chennai – Issue of incorrect classification of nuts – Held that as the appellant has incurred huge detention-cum-demurrage charges thus reducing the redemption fine and penalty would meet the ends of jus...

Customs – Bombay High Court: Issue of delay in filing Bill of Entry as per Section 46(3) - Respondent acted bonafide to get the IGM amended and no sooner the IGM was amended, the Bill of Entry in respect thereof was file...

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