Clandestine Gold Transport & High Purity Satisfy “Reasonable Belief” Under Customs Act: Calcutta High Court

The Calcutta High Court on 31 March restored the adjudicating authority's confiscation of 1,999.90 grams of gold, holding that clandestine transport and high scientific purity of bullion establish a “reasonable belief” of smuggling under the Customs Act. A Division Bench of Justices Rajarshi Bharadwaj and Uday Kumar allowed the Commissioner of Customs (Preventive), Kolkata's appeals, reinstated the confiscation and penalties, and set aside the Tribunal's order that had granted relief to the...

Delhi High Court Grants Interest on Delayed Customs Duty Refunds To Mobile Importers, Denies Relief To Lava

The Delhi High Court has held that mobile importers, including Intex Technologies (India) Ltd., are entitled to interest on refunds of excess customs duty paid by them.A Division Bench of Justices Prathiba M. Singh and Shail Jain allowed a batch of writ petitions filed by multiple importers, including Jaina Mobile India, Intex Technologies, and UT Electronics (Petitioners), all of whom had been granted refunds of excess Countervailing Duty (CVD) but were denied interest.However, no interest on...

Sub-Contractor Cannot Be Denied Customs Exemption For Non-Mention In Main Agreement: CESTAT Bangalore

The Bangalore Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) on 24 March held that exemption under Notification No. 12/2012-Cus cannot be denied to a sub-contractor merely because their name does not appear in the main concession agreement, where its role is otherwise established on record. A Bench comprising Judicial Member Dr. D.M. Misra and Technical Member Mr. Pullela Nageswara Rao observed that the condition of being a “named sub-contractor” stands satisfied if...

'Expanded Fire Clay' Qualifies As Ceramic Product Under Chapter 69 If Fired After Shaping: CESTAT Bangalore

On 24 March, the Bangalore Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that “Expanded Fire Clay Grog” is correctly classifiable as a ceramic product under Customs Tariff Heading (CTH) 6902. A Bench of Judicial Member Dr. D.M. Misra and Technical Member R. Bhagya Devi allowed the appeal filed by Saint-Gobain India Pvt. Ltd., holding that the product satisfies the essential requirement for classification under Chapter 69, namely: “fired after shaping.” The...

Circular Issued In Delhi Does Not Confer Jurisdiction: Delhi High Court Dismisses Plea On Goods Seized By Customs In Kolkata

The Delhi High Court has recently dismissed a writ petition filed by a steel importer challenging the detention of its goods, holding that the mere issuance of a circular or decision by an authority located in Delhi does not, by itself, confer territorial jurisdiction on the Court.A division bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul was dealing with a plea filed by a company engaged in the import of steel products, whose consignments had been detained at ports in Kolkata and...

Vardhman Textiles Cannot Claim Customs Duty Exemption As Bills Of Entry Were Filed Before Notification: CESTAT New Delhi

Ruling that a notification granting nil customs duty on cotton imports cannot be applied to Bills of Entry filed before it came into force, the New Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has rejected Vardhman Textiles' claim for exemption.A coram comprising Judicial Member Binu Tamta and Technical Member Hemambika R. Priya dismissed the appeal filed by M/s Vardhman Textiles Ltd., affirming the order of the Commissioner (Appeals).The tribunal observed: ...

Import Value Cannot Be Re-Determined Solely Based On Local Engineer Certificate: CESTAT Chennai

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal on 25 March held that the declared value of imported second-hand machinery cannot be rejected and re-determined solely on the basis of a local Chartered Engineer's certificate. A Bench comprising Judicial Member P. Dinesha and Technical Member Vasa Seshagiri Rao allowed an appeal filed by Abirami Weaving Mills against an order of the Commissioner (Appeals), Tiruchirappalli. It held: “...we are of the view that the...

CESTAT Mumbai Allows Flipkart Appeal, Rules Re-Determination Of Import Value Unsustainable Without Evidence

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 9 March, held that re-determination of value of imported goods without proper evidence of undervaluation is unsustainable in law. A Bench comprising Judicial Member Justice S.K. Mohanty and Technical Member M.M. Parthiban allowed an appeal by Flipkart India Pvt. Ltd., which challenged the enhancement of value, confiscation of goods, and imposition of penalty by the customs authorities. The Bench stated: ...

Confiscation Cannot Survive Once Declared Transaction Value Is Accepted: CESTAT Mumbai

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 17 March, held that the confiscation of imported goods under Section 111(m) of the Customs Act cannot be sustained once the declared transaction value is accepted. A Bench comprising Judicial Member Ajay Sharma, set aside the confiscation of goods, redemption fine and penalties imposed on Kumar Impex, reasoning that once the transaction value is accepted, the allegation of undervaluation and resulting revenue...

Crossing Green Channel With Gold Hidden In Paste Form Shows Intent To Smuggle: CESTAT Hyderabad

The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that a passenger's concealment of gold in paste form on the body and crossing the green channel at an international airport clearly establishes intent to smuggle, justifying absolute confiscation and penalty under the Customs Act, 1962. A single-member bench of Judicial Member Angad Prasad observed that concealment and non-declaration after opting for the green channel show deliberate evasion: "Once...

Paddy Reaper Without Binder Not Eligible For Customs Duty Exemption: CESTAT Chennai

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 18 March, held that paddy reapers imported without a binder attachment cannot claim concessional duty under Notification No. 12/2012-Cus., which applies only to “reaper-cum-binder” machines. A Bench of Judicial Member P. Dinesha and Technical Member Vasa Seshagiri Rao partly allowed the appeal filed by VST Tillers Tractors Ltd., while also holding that confiscation and penalty cannot be imposed where there...

Once Goods Found Of Indian Origin, Customs Seizure Arbitrary And Malafide: Allahabad High Court

The Allahabad High Court at Lucknow has expressed surprise at the seizure and detention of areca nuts by the customs authority on the ground that they were of foreign origin despite one lab test indicating Indian origin and a government laboratory test failing to determine their origin. The bench of Justice Shekhar B. Saraf and Justice Manjive Shukla was dealing with a batch of writ petitions involving seizure of the goods by customs authorities and held: “In such a situation, when the goods...