CESTAT Rulings


Absent deeming provision, customs lacks jurisdiction to confiscate foreign-currency under FEMA ; Quashes penalty 

CESTAT Delhi sets aside absolute confiscation of foreign-currency equivalent to Rs 81.01 lakhs (approx.) and consequential penalties imposed under Sections 113(d) and 114 of the Customs Act, 1962, hol...View More

Compensation for Factory capacity-underutilization by service-recipient to supplier qualifies as ‘declared service’; Damages/Penalties do not

In a 157 page comprehensive ruling, CESTAT Ahmedabad rules in Revenue’s favour that charges/compensation (Idle cost compensation) paid by holding German company to its I...View More

“BENQ Interactive Flat Panel” exempt from BCD; Upholds classification as ADP Machines 

CESTAT Mumbai rules that import of “BENQ Interactive Flat Panel” by M/s BenQ India Private Limited, Thane (Assessee) is exempt from Basic Customs Duty (BCD); Upholding its classification a...View More

FOB value can’t be redetermined by any customs officer; Sets aside Revenue’s order 

CESTAT Delhi while setting aside the order passed by the Commissioner (Appeals), reaffirms that the FOB (Free on Board) value cannot be redetermined by any Customs Officer; Tribunal emphasizes “...View More

Confirms rejection of Burberry’s declared import value; Upholds confiscation & penalty 

CESTAT Delhi confirms rejection of declared import value by M/s Burberry International (Assessee) and upholds confiscation of goods along with demand and penalty; The issue in this case was whether or...View More

Bank of Baroda not liable for service tax on “foreign bank charges” under RCM 

CESTAT Mumbai holds that Bank of Baroda (Assessee) is not liable to pay service tax on “foreign bank charges” paid to foreign correspondent banks or foreign intermediary banks, under Rever...View More

18% IGST on imported LCD-Color-Monitors used in X-Ray systems; Binding Tribunal-ruling not ‘additional evidence’ 

CESTAT Mumbai sustains IGST tax rate of imported ‘LCD HB Colour Monitors’ used in medical equipment such as MRI/CT/X-ray systems at 18%, while rejecting Appellate-Authority’s decisio...View More

Rejects Revenue’s classification of sports supplement ingredient as food preparation; Sets-aside differential demand 

CESTAT Chennai upholds classification of Levocarnitine and Levocarnitine L-Tartrate (LCLT) under CTH 29239000 as “Quarternary Ammonium Salt/Compound-an organic compound”; Tribunal rejects ...View More

Imported machines for “Areca Nut Plant” producing Pan Masala exempt from CVD 

CESTAT Delhi holds that the machines imported for Areca Nut Plant for production of Pan Masala attracts 0% Counter Vailing Duty (CVD) as the same falls under CTH No. 84371000; Tribunal observes &ldquo...View More

Classifies Clinical trials & test provided by foreign-companies to Biocon as Testing-and-analysis-services prior to 2011 

CESTAT Bangalore holds that clinical trials and test provided by the foreign companies and used by Biocon Limited (Assessee) are classifiable under the category of ‘Technical Testing and Analysi...View More