CESTAT Sets Aside Penalty On Customs Broker, Says CHALR Violation Alone Insufficient

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has set aside a penalty imposed on a Customs Broker under Section 112(a)(i) of the Customs Act, holding that mere violation of the Customs House Agents Licensing Regulations, 2004 (CHALR) cannot by itself justify penalty under the Act in the absence of specific allegations and material showing knowledge. A coram of President Justice Dilip Gupta and Technical Member P.V. Subba Rao allowed the appeal filed by Cargo...

CESTAT Chennai Holds Software Part Of Hardware Value, Reduces Duty Demand On Wipro

The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the value of software supplied along with imported networking equipment by Wipro (Infotech Group) is includible in the assessable value of the hardware for the purpose of levying customs duty.The Bench, comprising Judicial Member P. Dinesha and Technical Member Vasa Seshagiri Rao, partly allowed the appeal by restricting the demand to the normal period of limitation, while setting aside the...

CESTAT Mumbai Sets Aside Rs. 63.36 Lakh IGST Demand On Quality Systems, Confirms Tax At 12%

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 13 February set aside a demand of Rs. 63.36 lakh towards differential IGST on parts of poultry-keeping machinery, holding that payment of GST at 12% by Quality Systems and Equipments Pvt. Ltd. was proper in view of subsequent CBIC clarifications. A Bench comprising Dr. Suvendu Kumar Pati (Judicial Member) and Mr. M.M. Parthiban (Technical Member) allowed the appeal filed by the company against the...

CESTAT Allows Nil Basic Customs Duty On Sterling Silver Jewellery Imported From Thailand

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) recently allowed a jeweller to claim nil basic customs duty on sterling silver jewellery imported from Thailand, ruling that customs authorities were wrong to deny the benefit just because the importer did not provide some information. Nil basic customs duty refers to zero customs duty payable on certain imports under applicable trade agreements. A Bench comprising Judicial Member Dr. Rachna Gupta was...

Bulk Imported Nutraceutical Ingredients Cannot Be Classified As "Edible Preparations": CESTAT Delhi

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that nutraceutical ingredients imported in bulk cannot be classified as “edible preparations” and therefore do not attract a higher customs duty. The Bench, comprising President Justice Dilip Gupta and Technical Member Hemambika R. Priya, set aside a customs duty demand of Rs. 7 crore raised against Sundyota Numandis Probioceutical Private Limited on allegations of misclassification of imported...

CESTAT Delhi Denies Customs Exemption For IMFA Helicopter Used In Non-Revenue Flights

The Customs, Excise and Service Tax Appellate Tribunal at New Delhi has reiterated that non-revenue flights cannot qualify as air transport services for customs duty exemption. “Flight service for no remuneration at all would not qualify to be considered as air transport service,” the tribunal noted, relying on the Delhi High Court's ruling in East India Hotels Ltd. while examining the use of an imported helicopter. A Bench of President Justice Dilip Gupta and Technical Member Hemambika R....

HAL Fire Extinguishers In Su30MKI Jets Are Integral Aircraft Parts Exempt From Duty: CESTAT Delhi

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that fire extinguishers installed by Hindustan Aeronautics Limited (HAL) in Su30MKI fighter jets qualify as integral aircraft parts and cannot be treated as stand-alone safety equipment to deny customs duty exemption. A Bench comprising Judicial Member Binu Tamta and Technical Member Hemambika R. Priya, on 9 January 2026, set aside the differential customs duty demand of Rs. 92 lakh against HAL . ...

Customs Cannot Arrogate Powers Under FEMA To Confiscate Currency Or Travel Cards: CESTAT Delhi

The New Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that customs officers cannot arrogate powers under the Foreign Exchange Management Act (FEMA), 1999, to confiscate currency or travel cards under the Customs Act, 1962. A Bench comprising Judicial Member Ajay Sharma and Technical Member C J Mathew observed that while customs officers have the authority to intercept and seize currency at airports, they cannot adjudicate matters under the Customs Act...

Using Corporate Helicopter For Private Flights Breaches Customs Exemption: CESTAT New Delhi

The New Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the private and non-revenue use of a helicopter imported by a corporate entity defeats the basis of the customs duty exemption granted for non-scheduled passenger or charter services. A Bench comprising President Justice Dilip Gupta and Technical Member Hemambika R. Priya examined a batch of cross-appeals filed by Indian Metal and Ferro Alloys Limited (IMFA) and the Customs Department against...

Covid Customs Duty Exemption Covers Oxygen Concentrators, Not Just Ventilators: CESTAT, New Delhi

The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that oxygen concentrators are eligible for exemption from customs duty under the Covid-19 relief notification issued in April 2020 and that the benefit cannot be restricted only to ventilators. Thr tribunal set aside a duty demand of Rs. 36.66 lakh raised on Aspen Diagnostics Pvt. Ltd.The bench comprising President Justice Dilip Gupta and Technical Member C.J. Mathew observed that the...

CESTAT Sets Aside Rejection Of Declared Import Value Over Inadmissible Statements, Emails

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) at New Delhi Bench recently held that customs authorities cannot reject the declared value of imported furniture by relying on investigation statements and email printouts unless mandatory legal safeguards are followed. The coram comprised President Justice Dilip Gupta and Technical Member Hemambika R. Priya. The tribunal said that statements recorded during an investigation do not automatically qualify as evidence and can be...

CESTAT Holds MRI Monitors Attract 18% IGST, Sets Aside 28% Levy On Wipro GE Healthcare Imports

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) at Mumbai has set aside customs orders against Wipro GE Healthcare Pvt. Ltd. that had upheld the levy of 28% integrated GST on medical monitors imported for use with MRI systems, holding that the higher tax could not be sustained. A Bench of Technical Member C.J. Mathew and Judicial Member Ajay Sharma found that customs authorities had wrongly rejected Wipro GE's request to amend the bills of entry and had continued to assess the...