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Customs Duty Case Laws, Refund Updates & SEZ Rulings

Duty Refund & Exemption Case Summaries

SEZ Export Policies and Tribunal Rulings

Import/Export Procedure Updates

High Court Judgments on Customs Disputes

Custom

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]
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].

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