Key Highlights of Union Budget 2024-25 – Changes under Customs & Excise
CHANGES IN CUSTOMS The Finance Minister introduced the Finance (No.2) Bill, 2024 in Lok Sabha today, 23rd July 2024. Changes in Customs, Central Excise and rates have been proposed through the Financ
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Appellant is entitled to interest from the date of deposit to the date of refund
The CESTAT, New Delhi in the matter of M/s BBM Impex Pvt. Limited v. Principal Commissioner of Customs (Preventive) [Customs Early Hearing Application No.50414 of 2022 with Customs Appeal No. 51662 of
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Waiver of pre-deposit is not tenable on account of financial inability
The CESTAT, New Delhi in the matter of M/s Prem Kumar Ojha v. Commissioner of Customs-Jaipur I [Customs Miscellaneous Application No. 50245 of 2022 dated July 04, 2022] held that, in view
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Excise duty cannot be demanded for clandestine removal based on third party evidence
The CESTAT, New Delhi in the matter of M/s Shri Shyam Ingot & Castings Pvt. Ltd. v. Commissioner of Customs & Central Excise [Excise Appeal No. 52550 of 2019-SM dated August 08, 2022] held
Read MoreArbitrary valuation of goods not subjected to BIS specifications is invalid
The CESTAT, Chennai in the matter of M/s. SK Enterprises v The Commissioner of Customs [CUSTOMS APPEAL No. 40017 of 2022 dated June 24, 2022] set aside and held that the revaluation of the goods
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EOU not entitled to claim refund of TED on its own, may avail of the entitlements of DTA supplier specified in FTP
The Supreme Court of India in the matter of Sandoz Private Limited v. Union of India [Civil Appeal No. 3358 of 2020 dated January 4, 2020] upheld the decision of the Bombay High Court that Export
Read MoreAdoption of ICT and integration of LIMBS with CESTAT, ITAT and other Tribunals to reduce delay in litigation management
The Hon’ble Supreme Court of India in C.C.E. AND S.T., Surat I v. Bilfinder Neo Structo Construction Ltd. Civil Appeal No(s).674/2021 dated November 29, 2021] issued directives for the adoption
Read MoreWhere two reasonable constructions of a taxing provision are possible then the construction which favours the assessee must be adopted
The Hon’ble Customs, Excise & Services Tax Appellate Tribunal, Bangalore (“CESTAT”) in the matter of John’s Cashew Company v. Commissioner of Customs, Cochin [Final Order 20792 /2021 dated October
Read MoreRegistration is not a requirement for filling refund claim
The Hon’ble Customs, Excise & Services Tax Appellate Tribunal, Mumbai (“CESTAT”) in the matter of M/s Blue River Capital India Advisory Services LLP v. Commissioner of CGST & Central Excise, Mumbai
Read MorePenalty demand and proposal of confiscation cannot be separated from Customs duty demand
The Hon’ble Customs, Excise & Services Tax Appellate Tribunal, Bangalore (“CESTAT”) in the matter of M/s. Dhiren Enterprise v. Commissioner of Customs (Adjudication), Mumbai [Final Order
Read MoreNo violation of procedure under Foreign Trade Policy if goods imported for personal use against Bill of Entry without having IEC
The Hon’ble Customs, Excise & Services Tax Appellate Tribunal, Mumbai (“CESTAT”) in the matter of Mr. Subodh Menon v. Commissioner of Customs, ACC Mumbai [Final Order No. A/87045/2021 dated November
Read MoreLimitation period for granting refund not applicable to refund of Custom duty paid in excess
The Hon’ble Customs, Excise & Services Tax Appellate Tribunal, Bangalore (“CESTAT”) in the matter of M/s FCI OEN Connectors v. Commissioner Of Central Tax & Central Excise, Cochin [Final Order No.2079
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