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Customs Duty Case Laws, Refund Updates & SEZ Rulings
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Customs – Cestat Chennai: Axe Brand Universal Oil is a medicament classifiable under Chapter 30 and not Chapter 33 [Order attached]
Customs – Cestat Ahmedabad: Goods used as spare parts of Intercepted boats which are supplied for warship is eligible for exemption [Order attached]
Customs – CBIC vide Instruction dated August 10, 2022 has issued amendments in the Export Policy of Wheat under HS Code 1101 with effect from 14th August 2022.
Customs – Bombay High Court: Provisions which were not in existence on the date of import, cannot be later applied retrospectively for demand of duty [Order attached]
Customs – Bombay High Court: Sustaining a Show Cause Notice for over a period of 25 years is a violation of Principle of Natural Justice – Impugned Show cause notice was quashed and directed revenue to refund the causele...
Customs – CESTAT New Delhi: No duty drawback shall be allowed on exports if the goods to be exported have been taken into use after being manufactured - Appellant as well as its Director are liable for penalty on account...
Customs – CBIC has issued an Advisory for Anonymized Escalation Mechanism (“AEM”) for delayed Bill of Entry under Faceless Assessment. [Advisory attached]
Customs – Cestat New Delhi: Appellant merely introduced the actual importer to the IEC holder who agreed for the use of his IEC on agreed consideration for the purpose of import of goods – No violation of law - Appeal al...
Customs - CBIC has issued Notification No. 43/2022 dated 20 July 2022 wherein it has amended Notification No. 22/2022- Customs dated 30 April 2022 to enable TRQ holders to import gold through IIBX (India International B...
Customs – CESTAT Ahmedabad: Statements of co-noticee cannot be adopted as legal evidence unless corroborated in material particulars by independent evidence. Impugned order stands vitiated by breach of principles of natu...
Customs – CBIC has issued Circular No.11/2022-Customs dated 29 July 2022 regarding extension of customs clearances beyond normal working hours in Inland Container Depot.
Customs – Madras High Court: Respondent are allowed to re-export back the “unflavoured Supari (Betelnut product)” as they cannot afford to pay the tax as per the CTH classification made by Revenue – Petition is closed.
Customs - CBIC has issued Notification No. 65/2022 – Customs (N.T.) dated 29 July 2022 wherein it has amended Notification no. 36/2001- Customs (N.T.) dated 03 August 2001 and fixed the tariff value of Edible oils, Brass...
Customs – CESTAT Ahmedabad: Transaction value should be rejected for cogent reasons, the value cannot be enhanced by Appellant’s consent letter – Impugned Order is set aside.
Customs – Cestat Mumbai: Evidence not tested by the cross-examination has no probative value and there should be an opportunity provided to the opposite parties to cross examination the witnesses: Matter remanded back an...
Customs – Cestat Kolkata: Fe content cannot be determined merely on dry wet basis; Not following the order of High Court or Apex Court would amount to mistake/error which is rectifiable u/s 154 - Directed the lower autho...
Customs – High Court Bombay: Since Petitioner had had not paid 100% duty and had already availed of concession as per Notification 27/02, he is not entitled to any drawback: Appeal dismissed.
Customs – Cestat Chennai: The appellant is allowed to produce documents to substantiate their refund claim - Appeal allowed by way of remanding back.
Customs - CBIC has issued Circular No. 10/2022 dated 25 July 2022 to clarify on the Electro chemiluminescence Immuno Assay (ECLIA) kits wherein it has been clarified that Chemiluminescence Immuno assay (CLIA) is a self-s...
Customs – Cestat Ahmedabad: Request for conversion of shipping bill from Duty Drawback to Advance Licence is allowed as the Appellant before receiving the amount of DBK, informed the department that they do not want the...
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