CESTAT

CESTAT Allahabad Sets Aside Gold Seizure, Finds Customs Relied On Unreliable Panchnama And Retracted Statements
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Allahabad, has set aside a customs order confiscating gold jewellery and bullion. It held that the panchnama forming the foundation of the case was unreliable because the Department failed to substantiate it by examining the panch witnesses. A bench of Judicial Member P.K. Choudhary and Technical Member P. Anjani Kumar held that the Revenue's case also rested on statements that had been retracted at the first available...

CESTAT Chennai Rejects Reclassification Of Nikrothal Wire To Stainless Steel Wire CTH
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 2 July held that the Customs Department cannot reclassify imported Nikrothal wire from Customs Tariff Heading (CTH) 75052200 (Nickel Alloy Wire) to CTH 72230091 (Stainless Steel Wire) when the issue has already been decided in the importer's own case and there is no change in facts or law. Judicial Member P. Dinesha and Technical Member M. Ajit Kumar allowed an appeal filed by Alleima India Private Limited...

Duty-Free Gold Cannot Be Confiscated If DGFT Later Regularises Supporting Manufacturers: CESTAT Kolkata
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Kolkata Bench, has held that duty-free gold imported under the Advance Authorisation Scheme cannot be confiscated merely because it was sent to job workers who were not initially listed as supporting manufacturers. The tribunal held that the Directorate General of Foreign Trade (DGFT) had later regularized their inclusion and that there was no evidence the gold had been diverted to unauthorised entities in violation of the...

E-Rickshaw Parts Without Motors, Batteries Not Complete Vehicles In CKD Form: CESTAT Kolkata
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 2 July held that imported e-rickshaw parts without essential components such as motors and batteries cannot be treated as complete e-rickshaws in a completely knocked down (CKD) condition. A Bench comprising Judicial Member Ashok Jindal and Technical Member K. Anpazhakan allowed cross-appeals filed by Zeniak Innovation India Ltd and the Revenue in a dispute over customs classification of imported...

CESTAT Kolkata Sets Aside Confiscation Of 1.75 Kg Gold, Holds Suspicion Insufficient To Prove Smuggling
On 2 July, the Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that Customs cannot treat gold as smuggled merely on suspicion and set aside the confiscation of 1.75 kg of gold along with penalties imposed by the department. Judicial Member Ashok Jindal and Technical Member K. Anpazhakan allowed the appeal filed by Dinesh Prasad and Raj Kumar Soni and quashed the confiscation order passed by Customs. The Bench observed: “...the Revenue has merely relied...

No Confiscation Of Exotic Birds Without Section 123 Notification Or Proof Of Smuggling: CESTAT Kolkata
On 3 July, the Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that Customs authorities cannot confiscate exotic birds and mammals or impose penalties merely on suspicion of smuggling, where the goods are not notified under Section 123 of the Customs Act and the Department fails to discharge the burden of proving illegal import. A Bench comprising Judicial Member Justice (Dr.) Ashok Jindal and Technical Member K. Anpazhakan allowed the appeals filed by...

CESTAT Kolkata Holds Control Of Premises Suffices For Liability In Gold Seizure Case, Cuts Penalty
On 2 July 2026, the Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that an individual who controlled premises from which authorities recovered a substantial quantity of gold cannot avoid penalty under the Customs Act merely on the ground that he lacked physical possession, as surrounding circumstances established his involvement in handling goods liable for confiscation. Judicial Member Ashok Jindal and Technical Member K. Anpazhakan partly allowed the...

CESTAT Chennai Sets Aside ₹3.92 Cr. Demand Based On Compilations, Holds Re-Export Must Be Verified
On 1 July, the Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) set aside a customs duty demand of Rs. 3.92 crore raised against Econship Tech Pvt. Ltd. and remanded the matter for fresh adjudication, holding that customs authorities cannot deny exemption under Notification No. 104/94-Cus. without independently verifying container-wise export compliance. Judicial Member Ajayan T.V. and Technical Member Vasa Seshagiri Rao observed that the dispute required...

CESTAT New Delhi Rejects Duty Demand Under Replenishment Scheme For Jewellery With 2.05% Norm
The New Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 30 June held that customs authorities cannot demand duty under the Replenishment Scheme when exported jewellery is manufactured through a fully mechanised process and the applicable value addition requirement stands at 2.05% under the Foreign Trade Policy, rather than 3.5%. Judicial Member Ashok Jindal and Technical Member K. Anpazhakan allowed the appeals filed by State Trading Corporation of India Ltd....

CESTAT Delhi Dismisses 17 Mitsubishi Electric Appeals Over EPS-ECU Customs Classification As Automobile Part
The Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has upheld Customs' classification of Electronic Control Units for Electronic Power Steering (EPS-ECU) and their parts as components of automobile steering systems, dismissing 17 appeals filed by Mitsubishi Electric Automotive India Pvt. Ltd. The tribunal held that the issue had already been settled in the company's own earlier cases involving identical goods. A bench of Officiating President...

CESTAT Chennai Says ELFA Diagnostic Kits Eligible For Customs Duty Exemption Available To ELISA Kits
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that diagnostic kits based on Enzyme-Linked Fluorescent Assay (ELFA) are entitled to the concessional customs duty exemption available to Enzyme-Linked Immunosorbent Assay (ELISA) kits. It ruled that ELFA is not a distinct diagnostic methodology but a technologically advanced application of ELISA.These diagnostic kits are used for medical tests, including the detection of infectious diseases, viral...

Glucometers Are Instruments For Chemical Analysis, Not Medical Diagnostic Devices For Customs Duty: CESTAT Mumbai
The Mumbai bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that glucometers are classifiable as instruments for chemical analysis and not as medical diagnostic instruments for customs purposes. Upholding the Commissioner (Appeals)' order in favour of Life Scan Medical Devices India Pvt. Ltd., the tribunal dismissed the Customs Department's appeal. The bench of Judicial Member Ajay Sharma and Technical Member M. M. Parthiban examined the scientific functioning...
