ALO Partners Logo

π€πšππ«π’π€πšπš π‹πžπ πšπ₯ π’πžπ«π―π’πœπžπ¬ (𝐀𝐋𝐒)

Category: CBIC CUSTOMS

  • Rajasthan High Court Upholds Reduction of Redemption Fine and Penalty in Rough Marble Import

    Rajasthan High Court Upholds Reduction of Redemption Fine and Penalty in Rough Marble Import

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 10.06.2026

    Rajasthan High Court Upholds Reduction of Redemption Fine and Penalty in Rough Marble Import

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    This article provides a comprehensive overview of the Rajasthan High Court’s decision in the customs appeals involving M/s R.K. Marble Pvt. Ltd. and the Commissioner of Customs, Jodhpur. The case centers on the importation and valuation of rough marble blocks, the application of licensing conditions, and the interpretation of policy circulars affecting import pricing.

    Background of the Case

    1. Parties Involved:
      • Appellant: Commissioner of Customs, Jodhpur (Jaipur Headquarters)
      • Respondent: M/s R.K. Marble Pvt. Ltd., Ajmer
    2. Nature of Dispute:
      • The dispute arose from the import of rough marble blocks (RMBs) of Turkish and other origins by R.K. Marble Pvt. Ltd. The customs authorities questioned the declared value of the imports and the compliance with licensing and policy conditions, particularly regarding the minimum floor price set by the Directorate General of Foreign Trade (DGFT).

    Key Legal Issues

    • Valuation of Imported Goods:
      • The customs department challenged the declared value of the marble blocks, arguing it was significantly lower than prevailing market rates at other major ports.
      • The Commissioner enhanced the assessable value based on market inquiries and the average price of similar goods, invoking Section 14 of the Customs Act, 1962 and the Customs Valuation Rules, 2007.
    • Compliance with DGFT Policy Circular:
      • The import license required adherence to a floor price of US $325 per metric ton (PMT) as per Policy Circular dated 30.6.2008.
      • An amendment on 31.10.2008 reduced the floor price to US $275 PMT, but the imports in question occurred before this amendment.
    • Penalties and Redemption Fine:
      • The customs authorities imposed penalties and redemption fines for alleged misdeclaration and violation of licensing conditions.

    Tribunal and High Court Findings

    Tribunal’s Observations

    • The tribunal noted that the import license was valid and issued under the policy requiring a $325 PMT floor price.
    • It acknowledged that international prices had fallen, leading to the subsequent reduction in the floor price.
    • The tribunal found no justification for enhancing the declared value based on average prices, especially when prices were declining globally.
    • It accepted the declared prices for assessment but recognized that these were below the required floor price, constituting a technical violation of policy.
    • Given the circumstances, the tribunal reduced the redemption fine and penalty.

    High Court’s Decision

    • The High Court agreed with the tribunal, emphasizing that the international price drop justified the lower declared values.
    • It found no reason to interfere with the tribunal’s decision to accept the declared prices and reduce penalties.
    • The appeals by the customs department were dismissed, and the issue was decided in favor of R.K. Marble Pvt. Ltd.

    Implications of the Judgment

    1. Valuation Principles:
      • The judgment reinforces that customs authorities must consider prevailing international market conditions when assessing the value of imported goods.
      • Arbitrary enhancement of value based on average prices, without accounting for market trends, is not justified.
    2. Policy Compliance:
      • Importers must adhere to licensing conditions, including floor prices, but mitigating circumstances such as global price drops can influence the severity of penalties.
    3. Precedent for Future Cases:
      • The decision sets a precedent for similar disputes involving valuation and licensing conditions, highlighting the importance of context and fairness in customs assessments.

    Conclusion

    The Rajasthan High Court’s ruling in favor of R.K. Marble Pvt. Ltd. underscores the need for customs authorities to balance regulatory compliance with market realities. The case demonstrates that while policy violations may occur, penalties should be proportionate and consider the broader economic context.

    Source: Rajasthan High Court

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • Gujarat High Court Orders Customs Duty Refund to SEZ Unit

    Gujarat High Court Orders Customs Duty Refund to SEZ Unit

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 10.06.2026

    Gujarat High Court Orders Customs Duty Refund to SEZ Unit

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    Devharsh Infotech Private Limited, following its amalgamation with Lucky Forms Private Limited, sought a refund of the special additional duty (SAD) of customs paid on imported goods at its Surat Special Economic Zone (SEZ) unit. The company had imported six consignments of thermal paper reels, paid 4% SAD, and subsequently sold these goods into the domestic tariff area without passing on the duty burden. Relying on Customs Notification No. 102/2007-Cus, the company filed for a refund of the SAD.

    Chronology of Events

    1. Initial Rejection: The refund claim was rejected by the Specified Officer of the Surat SEZ in August 2011, citing the absence of provisions in the SEZ Act and Rules for such refunds.
    2. Appeal and Remand: The Appellate Commissioner annulled this rejection in October 2012, stating the Specified Officer lacked jurisdiction and the matter should be referred to higher authorities.
    3. Further Delays: Despite repeated communications and a favorable order from the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in August 2016, which clarified that jurisdictional Customs and Central Excise authorities could process such refunds, the company’s requests went unanswered.
    4. Legal Action: Frustrated by inaction, Devharsh Infotech approached the Gujarat High Court in April 2019, seeking a writ to compel authorities to adjudicate and pay the refund with interest.

    Court’s Observations

    • The Court noted the petitioner was repeatedly sent from one authority to another, despite clear legal provisions and administrative clarifications issued in 2016 and 2017.
    • The authorities failed to act even after the CESTAT’s order and a government circular clarified the refund process and responsible officers.
    • The Court criticized the “apathy and carelessness” of the officials involved, emphasizing that such delays amounted to judicial indiscipline and undermined the rights of legitimate claimants.

    Judgment and Directions

    • The Gujarat High Court allowed the petition, directing the respondents (Union of India and related authorities) to decide and pay the refund claim, including interest, within six weeks of receiving the order.
    • The Court also instructed that the refund be disbursed electronically and warned that erring officers could face stringent action for shirking their responsibilities.
    • While the Court considered imposing costs on the authorities for the delay, it refrained after the government counsel explained the confusion was due to frequent changes in officers and initial lack of clarity in the law.

    Significance

    This judgment reinforces the obligation of government authorities to act promptly and fairly in processing refund claims, especially when legal and procedural clarity exists. It also highlights the judiciary’s willingness to hold officials accountable for undue delays and to protect the rights of businesses operating within SEZs.

    The case serves as a precedent for similar refund disputes, ensuring that SEZ units are not denied legitimate dues due to administrative inertia or misinterpretation of the law.

    Source: Gujarat High Court

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • CESTAT Mumbai Ruled that the goods were correctly classified as ‘Rough Dolomite Blocks’ under CTI 2518 1000

    CESTAT Mumbai Ruled that the goods were correctly classified as ‘Rough Dolomite Blocks’ under CTI 2518 1000

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 10.06.2026

    CESTAT Mumbai Ruled that the goods were correctly classified as ‘Rough Dolomite Blocks’ under CTI 2518 1000

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    A recent decision by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai, has brought clarity to the classification and duty assessment of imported stone blocks, specifically concerning the distinction between ‘Rough Dolomite Blocks’ and ‘Rough Marble Blocks.’ The case, involving Shri Parasnath Exports and its partner Sampat Ostwal, highlights the complexities of customs classification, the importance of scientific testing, and the legal standards for evidence and natural justice in customs proceedings.

    Background of the Case

    Shri Parasnath Exports, a regular importer of stone blocks for processing into marble slabs, declared their imports as ‘Rough Dolomite Blocks’ under Customs Tariff Item (CTI) 2518 1000, availing duty exemptions accordingly. However, the Directorate of Revenue Intelligence (DRI) alleged that these goods were actually ‘Rough Marble Blocks’ (CTI 2515 1210), which attract significantly higher customs duties (40% BCD and 12% IGST).

    Key Allegations by DRI

    • The DRI claimed mis-declaration and misclassification, asserting that the goods were dolomitic marble, not dolomite.
    • Investigations included factory searches, document scrutiny, and reliance on test reports from the Geological Survey of India (GSI) on similar imports by other companies.
    • A show cause notice demanded reclassification, confiscation, differential duty of over Rs. 2 crore, and heavy penalties on the importers and associated parties.

    The Appellants’ Defense

    • The importers argued that their goods were tested by the Customs Revenue Control Laboratory (CRCL), which confirmed the composition as dolomite (carbonates of calcium and magnesium).
    • They contended that test results from other importers’ consignments could not override direct test results of their own goods.
    • The appellants also cited previous favorable tribunal decisions (notably in the NITCO Limited and Stonex India cases) and pointed out that the department had accepted those outcomes.
    • They challenged the denial of cross-examination of GSI officers and the reliance on secondary evidence.

    Legal and Technical Analysis

    Customs Tariff and Classification Rules

    • The Customs Tariff Act, 1975, and its General Rules for Interpretation (GIR) require classification based on the goods’ actual characteristics, supported by scientific evidence.
    • CTI 2515 1210 covers marble blocks, while CTI 2518 1000 covers dolomite blocks. The distinction hinges on mineral composition and physical properties.

    Laboratory Test Reports

    • Seven separate test reports from CRCL for the importers’ consignments confirmed the goods as dolomite, with specific percentages of calcium and magnesium carbonates.
    • The tribunal emphasized that when direct test reports are available, they must take precedence over reports from similar but unrelated consignments.

    Judicial Precedents

    • The tribunal referenced earlier decisions where similar disputes were resolved in favor of the importers based on direct laboratory evidence.
    • It reiterated that the burden of proof for reclassification lies with the customs authorities, and each consignment must be assessed on its own merits.

    Principles of Natural Justice

    • The tribunal criticized the denial of cross-examination and the reliance on electronic evidence without proper certification, citing Supreme Court guidelines on admissibility of electronic records.

    Tribunal’s Findings and Final Order

    • The CESTAT Mumbai set aside the order of the Commissioner of Customs, holding that the goods were correctly classified as ‘Rough Dolomite Blocks’ under CTI 2518 1000.
    • All demands for differential duty, confiscation, and penalties were quashed.
    • The tribunal stressed that consistent legal standards must be applied, especially when identical issues have been previously adjudicated.

    Implications for Importers and Customs Practice

    1. Scientific Evidence Prevails: Direct laboratory test reports on the actual goods are decisive for classification.
    2. Burden of Proof: Customs authorities must substantiate reclassification with specific evidence for each consignment.
    3. Natural Justice: Importers are entitled to cross-examination and proper procedural safeguards, especially regarding electronic evidence.
    4. Consistency in Adjudication: Once a legal issue is settled in similar circumstances, authorities should not take contrary positions without new evidence.

    Conclusion

    This CESTAT Mumbai ruling reinforces the primacy of scientific testing and due process in customs classification disputes. It provides a clear precedent for importers facing similar allegations and underscores the need for customs authorities to adhere strictly to legal and procedural standards. The decision is a significant reference point for the stone import industry and customs practitioners alike.

    Source: CESTAT Mumbai

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • CESTAT Delhi Clarifies Customs Classification of Bluetooth Modules in Car Infotainment Systems

    CESTAT Delhi Clarifies Customs Classification of Bluetooth Modules in Car Infotainment Systems

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 09.06.2026

    CESTAT Delhi Clarifies Customs Classification of Bluetooth Modules in Car Infotainment Systems

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) in New Delhi recently delivered a significant judgment in the case of Minda D-Ten Pvt. Ltd. vs. Commissioner of Customs (Import), New Delhi. The case revolved around the correct customs classification of Bluetooth modules imported for use in car infotainment systemsβ€”a decision with implications for importers, manufacturers, and the broader electronics industry.

    Background of the Case

    Minda D-Ten Pvt. Ltd., a manufacturer and supplier of car infotainment systems, imported Bluetooth modules from Fujitsu Ten Singapore Pvt. Ltd. These modules were intended for integration into car infotainment systems, enabling wireless connectivity with devices such as mobile phones. The dispute arose over the correct classification of these modules under the Customs Tariff Act, 1975, which would determine the applicable customs duty.

    • Appellant’s Position:
      • Sought classification under CTH 8517 62 90 (Machines for the reception, conversion, and transmission or regeneration of voice, images, or other data).
      • Claimed exemption from basic customs duty based on a relevant notification.
      • Argued that the Bluetooth module is a multi-chip system capable of receiving, converting, and transmitting data, and is not an essential part of the infotainment system (which can function without it).
    • Department’s Position:
      • Classified the modules under CTH 8529 90 90 (Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528).
      • Asserted that the modules are principally used in car infotainment systems and should be treated as parts enhancing the system’s functionality.

    Technical and Legal Analysis

    Functionality of Bluetooth Modules

    The Bluetooth module in question is a sophisticated component comprising a processor, baseband, flash memory, and DSPs. It enables wireless communication between devices (e.g., mobile phones and car infotainment systems) by receiving, converting, and transmitting data via radio frequency signals. However, devices can still function without Bluetooth modulesβ€”they simply lose wireless connectivity.

    Classification Arguments

    • Appellant:
      • The module is not a ‘part’ but an accessory, as the infotainment system can operate without it.
      • The module’s function aligns with the description under CTH 8517 62 90, as it handles reception, conversion, and transmission of data.
      • Section Note 2(a) of Section XVI should be applied first, which supports classification under CTH 8517.
    • Department:
      • The module is principally used in car infotainment systems and should be classified as a part under CTH 8529.
      • The importer’s declaration described the module as a ‘part’ of car audio, supporting the Department’s classification.

    Tribunal’s Findings

    • The Tribunal found that the Bluetooth module is not a ‘part’ of the car infotainment system, as the system can function independently without it.
    • The module is better described as an accessory or apparatus, not a part.
    • Section Note 2(a) must be applied before Section Note 2(b), and since the module fits the description in CTH 8517, it should be classified there.
    • The Commissioner (Appeals) erred by not providing independent findings and by misapplying the classification notes.

    Outcome

    The CESTAT set aside the order of the Commissioner (Appeals) and ruled in favor of Minda D-Ten Pvt. Ltd., holding that the Bluetooth module should be classified under CTH 8517 62 90. This classification entitles the importer to the claimed exemption from basic customs duty.

    Implications

    1. For Importers and Manufacturers:
      • Clarifies the classification of Bluetooth modules and similar electronic components, potentially reducing customs duty liability.
    2. For Customs Authorities:
      • Reinforces the need for careful application of tariff notes and independent analysis in classification disputes.
    3. For the Electronics Industry:
      • Sets a precedent for the treatment of multi-use modules and accessories in customs classification.

    Conclusion

    The Minda D-Ten Pvt. Ltd. case underscores the importance of technical understanding and legal precision in customs classification. By recognizing the Bluetooth module as an apparatus rather than a part, the Tribunal has provided clarity for future imports of similar technology components.

    Connected Matter

    CESTAT Chennai- Bluetooth Wireless Headphones Classified as Networking Apparatus, Not Audio Accessories

    Source: CESTAT Delhi

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • Kerala High Court Strikes Down Rule 96(10) of CGST Rules as Ultra Vires Section 16 of IGST Act

    Kerala High Court Strikes Down Rule 96(10) of CGST Rules as Ultra Vires Section 16 of IGST Act

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 09.06.2026

    Kerala High Court Strikes Down Rule 96(10) of CGST Rules as Ultra Vires Section 16 of IGST Act

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    The Kerala High Court has delivered a significant judgment impacting exporters across India by declaring Rule 96(10) of the Central Goods and Services Tax (CGST) Rules, 2017, as ultra vires (beyond legal power) to Section 16 of the Integrated Goods and Services Tax (IGST) Act. This article provides a detailed overview of the case, the legal arguments, the court’s reasoning, and the implications for exporters and the GST regime.

    Background: The Dispute Over Rule 96(10)

    Rule 96(10) of the CGST Rules restricted exporters from claiming refunds of IGST paid on exports if they had availed certain benefits under specified notifications (such as concessional or nil rate supplies). Exporters argued that this rule unfairly denied them a statutory right to refund, even if only a small portion of their inputs benefited from these notifications. The rule led to widespread litigation, with exporters facing denial of refunds and recovery proceedings.

    Key Legal Issues Examined

    The High Court considered three main questions:

    1. Ultra Vires to Section 16 of IGST Act: Whether Rule 96(10) exceeded the powers granted by Section 16, which provides for zero-rated supplies and refund entitlements.
    2. Vested Rights: Whether the rule took away exporters’ vested rights to claim IGST refunds on exports.
    3. Constitutional Validity: Whether the rule violated Articles 14 (equality), 19(1)(g) (freedom to trade), and 265 (no tax without authority of law) of the Constitution, or was manifestly arbitrary.

    Arguments by Exporters

    • Statutory Right to Refund: Section 16 of the IGST Act grants exporters the right to claim refunds on IGST paid for exports or on input taxes used in exported goods/services.
    • Discriminatory Treatment: Rule 96(10) created an unreasonable distinction between exporters using different refund routes (bond/LUT vs. IGST payment), leading to hostile discrimination.
    • Absurd Outcomes: Even minimal use of notified benefits led to total denial of refund, which was not the legislative intent.
    • Subordinate Legislation Limits: The rule, as subordinate legislation, cannot override or restrict rights granted by the parent statute.

    Arguments by the Revenue

    • Authority to Impose Conditions: The government argued that Section 16 and Section 54 of the CGST Act allow for conditions and safeguards to prevent revenue leakage.
    • Fiscal Policy Latitude: Citing Supreme Court judgments, the Revenue maintained that the right to refund is not absolute and can be restricted for fiscal objectives.
    • Rule in Conformity: The Revenue claimed Rule 96(10) was consistent with the statutory framework and necessary to prevent misuse.

    The Court’s Analysis and Findings

    • Ultra Vires and Arbitrariness: The Court found that Rule 96(10) imposed restrictions not contemplated by Section 16 of the IGST Act. The rule’s blanket denial of refunds, even for minor use of notified benefits, was manifestly arbitrary and produced absurd results.
    • Comparison with Rule 89: The Court highlighted that Rule 89 (refund via bond/LUT) did not impose such restrictions, leading to irrational discrimination between similarly placed exporters.
    • Constitutional Principles: The Court relied on Supreme Court precedents to hold that subordinate legislation must not be capricious or excessive and must align with the parent statute.
    • Recent Developments: The Court noted that Rule 96(10) was deleted prospectively by Notification No. 20/2024-Central Tax (dated 08-10-2024), but this did not address past cases where refunds were denied.

    The Judgment: Reliefs Granted

    The Kerala High Court ordered:

    1. Rule 96(10) Declared Ultra Vires: The rule, as inserted by Notification No. 53/2018-CT, is unenforceable for the period from 23-10-2017 to 08-10-2024.
    2. Quashing of Proceedings: All actions, show cause notices, and orders based on Rule 96(10) during this period are quashed.
    3. No Recovery: No proceedings shall be taken to recover IGST refunds already granted to exporters under the impugned rule for the relevant period.
    4. Appeal Rights: Exporters may file appeals on other issues within two weeks of receiving the judgment.

    Implications for Exporters and GST Administration

    • Restoration of Refund Rights: Exporters who were denied IGST refunds due to Rule 96(10) can now claim their statutory entitlements for the specified period.
    • Uniform Treatment: The judgment ensures parity between exporters using different refund mechanisms.
    • Guidance for Future Rulemaking: The decision reinforces that subordinate legislation must not override statutory rights or create arbitrary classifications.

    Conclusion

    The Kerala High Court’s judgment is a landmark for exporters and GST law, reaffirming the supremacy of statutory rights over subordinate rules. It provides much-needed relief to exporters and sets a precedent for judicial scrutiny of tax rules that exceed legislative intent or constitutional limits.

    Source: Kerala High Court

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • Gujarat High Court Clarifies Refund Eligibility for Anti-Dumping Duty on Phenol Imports

    Gujarat High Court Clarifies Refund Eligibility for Anti-Dumping Duty on Phenol Imports

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 09.06.2026

    Gujarat High Court Clarifies Refund Eligibility for Anti-Dumping Duty on Phenol Imports

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    The Gujarat High Court recently delivered a significant judgment in the case of The Commissioner of Customs vs. Century Plyboards Ltd., addressing the contentious issue of refunding anti-dumping duties on phenol imports. This article provides a comprehensive overview of the case, the legal questions involved, and the implications for importers and policymakers.

    Background: Anti-Dumping Duty on Phenol Imports

    Anti-dumping duties are imposed to protect domestic industries from unfairly priced imports. In this case, the Directorate General of Anti-Dumping and Allied Duties (DGAD) recommended, via its final findings dated January 7, 2008, the imposition of anti-dumping duty on phenol imported from Korea RP, Taiwan, and the USA. The Ministry of Finance implemented this recommendation through Customs Notification No. 30/2008-Cus dated March 3, 2008.

    The Refund Claim and Its Rejection

    Century Plyboards Ltd. imported phenol during 2010-11 and 2011-12 and paid anti-dumping duties accordingly. However, following a mid-term review, the DGAD determined in its final findings dated February 9, 2012, that imports from Taiwan and the USA had a lower dumping margin and caused no injury to the domestic industry. Consequently, the Ministry of Finance revoked the anti-dumping duty via Notification No. 14/2012-Cus dated February 29, 2012.

    Based on this, Century Plyboards filed a refund claim for the excess anti-dumping duty paid. The Deputy Commissioner of Customs, Kandla, rejected the claim, arguing that the revocation notification did not have retrospective effect and that there was no explicit provision for such refunds under the relevant rules.

    Legal Questions Before the Court

    The High Court considered several substantial questions of law:

    1. Is there a provision for refund of anti-dumping duty after a review under Rule 23 of the 1995 Rules?
    2. Were the conditions of Section 9AA of the Customs Tariff Act, 1995 and Rule 21A of the 1995 Rules fulfilled?
    3. Was reliance on the Madras High Court’s judgment in Vetcare Organics justified, given the different factual context?

    Tribunal and High Court Findings

    • The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the refund, relying on the Madras High Court’s decision in Vetcare Organics Pvt. Ltd. vs. CESTAT, Chennai.
    • The Gujarat High Court noted that the DGAD’s final findings showed no injury to the domestic industry and a lower dumping margin for the period in question.
    • The Court observed that the revocation notification included the phrase β€œexcept as respects things done or omitted to be done before such rescission,” meaning it did not apply retrospectively. Thus, duties paid before the notification were not automatically refundable.
    • However, the Court also recognized that Section 9AA of the Customs Tariff Act, 1975, allows importers to seek a refund if they can prove they paid anti-dumping duty in excess of the actual dumping margin.

    Key Takeaways from the Judgment

    1. No Automatic Retrospective Refund: The rescinding of anti-dumping duty does not automatically entitle importers to a refund for duties paid before the rescission, unless specific statutory provisions are met.
    2. Section 9AA as a Remedy: Importers may claim a refund if they can demonstrate, to the satisfaction of the Central Government, that the duty paid exceeded the actual dumping margin.
    3. Importance of Factual Findings: The DGAD’s determination of no injury and lower dumping margin was central to the refund claim.
    4. Precedent Value: The Court distinguished the facts from the Vetcare Organics case, emphasizing that legal principles must be applied in context.

    Implications for Importers and Policy

    • Importers should carefully document and substantiate claims for refund under Section 9AA, especially when anti-dumping duties are revoked following a review.
    • Policymakers may need to clarify the retrospective application of rescinding notifications and the process for refund claims to avoid litigation.

    Conclusion

    The Gujarat High Court’s decision underscores the nuanced legal framework governing anti-dumping duties and refunds. While the revocation of such duties does not guarantee retrospective refunds, Section 9AA provides a potential remedy for importers who can prove excess payment. This judgment serves as a crucial reference for future disputes on anti-dumping duty refunds in India.

    Source: Gujarat High Court

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • CESTAT Chennai Upholds Statutory Formula for Value Addition

    CESTAT Chennai Upholds Statutory Formula for Value Addition

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 08.06.2026

    CESTAT Chennai Upholds Statutory Formula for Value Addition

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    This article provides a comprehensive overview of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Chennai’s decision in the case of M/s. Veekay Diamants, focusing on the dispute over the validity of export origin certificates and the methodology for calculating value addition in customs exemption cases.

    Background of the Case

    M/s. Veekay Diamants, a Mumbai-based importer, brought in two consignments of gold jewellery studded with diamonds and rubies from Thailand. The company claimed customs duty exemption under Notification No. 85/2004-Cus, relying on Certificates of Origin issued by the Thai government under the Indo–Thailand Free Trade Agreement (FTA).

    Initially, customs authorities accepted these certificates and cleared the goods. However, years later, the Special Intelligence and Investigation Branch (SIIB) initiated an investigation, alleging that the declared Local Value-Added Content (LVAC) of 22% was incorrect. The Department recalculated the LVAC at only 6.5%, based on their own methodology, and issued a Show Cause Notice demanding differential duty, confiscation, and penalties.

    Key Legal Issues

    The Tribunal identified two main questions:

    1. Was the Department justified in rejecting the Certificate of Origin and recomputing LVAC using a method different from the prescribed statutory formula?
    2. Are the demands for duty, extended limitation period, and penalties sustainable under the law?

    Tribunal’s Analysis and Findings

    1. Validity of Certificate of Origin and LVAC Computation

    • Statutory Formula: The Tribunal emphasized that Rule 6(d) of the Interim Rules of Origin prescribes a specific formula for calculating LVAC: (FOB value of export product – CIF value of non-originating materials) / FOB value. This formula includes all economic value in the FOB price, not just labor and handling charges.
    • Department’s Error: The Department’s approach of considering only labor and handling charges was found to be a truncated and legally unsustainable method. The Tribunal held that administrative authorities cannot substitute or alter statutory formulas.
    • Role of Importer: The Tribunal clarified that importers are only required to produce the Certificate of Origin. They cannot be expected to verify the internal cost structure of foreign suppliers, as such verification is the responsibility of the issuing authority in the exporting country.
    • Precedents: The Tribunal relied on previous decisions (Romil Jewellery and Keyur Shah cases) which held that Certificates of Origin are foundational documents and cannot be disregarded without following the prescribed verification mechanism.
    • Department’s Reliance on Data: The Department’s use of supplier data without invoking the formal verification process under Rule 15 was deemed insufficient and contrary to the statutory scheme.

    2. Demand, Extended Period, and Penalties

    • No Suppression or Wilful Misstatement: The Tribunal found no evidence of fraud, suppression, or wilful misstatement by Veekay Diamants. All documents were submitted and accepted at the time of import.
    • Extended Limitation Period: Citing Supreme Court judgments, the Tribunal held that the extended period for demand can only be invoked in cases of wilful intent to evade duty, which was not established here.
    • Penalties: Penalties under Sections 114A and 114AA of the Customs Act require intentional wrongdoing, which was absent in this case. The dispute was merely over interpretation and methodology.

    Final Order and Implications

    The CESTAT set aside the impugned order, allowed the appeal, and granted consequential relief to Veekay Diamants. The ruling reinforces the following principles:

    1. Statutory procedures and formulas must be strictly followed in customs matters.
    2. Certificates of Origin issued by competent authorities are binding unless formally challenged through prescribed verification mechanisms.
    3. Importers cannot be penalized for internal supplier data they cannot access or verify.
    4. Penalties and extended limitation periods require clear evidence of intent to evade duty.

    Conclusion

    This decision provides important clarity for importers relying on FTAs and Certificates of Origin. It underscores the need for customs authorities to adhere to statutory procedures and not substitute their own methodologies, ensuring greater legal certainty and fairness in international trade compliance.

    Source: CESTAT Chennai

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • CESTAT Mumbai Dismisses Customs Over-Valuation Allegations in Mega Power Project Imports

    CESTAT Mumbai Dismisses Customs Over-Valuation Allegations in Mega Power Project Imports

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 08.06.2026

    CESTAT Mumbai Dismisses Customs Over-Valuation Allegations in Mega Power Project Imports

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Mumbai recently delivered a significant order in a high-profile customs appeal involving Adani Power Maharashtra Ltd. (APML), Adani Power Rajasthan Ltd. (APRL), and related entities. The case centered on allegations of over-valuation and inflated invoicing in the import of power plant equipment for mega power projects in Maharashtra and Rajasthan. This article provides a comprehensive overview of the case, the legal arguments, the tribunal’s findings, and its broader implications.

    Background of the Case

    • Entities Involved:
      • APML and APRL, both subsidiaries of Adani Power Limited, undertook large-scale thermal power projects in Maharashtra (Tiroda) and Rajasthan (Kawai).
      • Equipment and machinery were imported under Engineering, Procurement, and Construction (EPC) contracts, with Electrogen Infra FZE (EIF), UAE, acting as a key intermediary.
    • Allegations:
      • The Department of Revenue Intelligence (DRI) alleged that APML and APRL, in collusion with EIF and other related entities, over-valued imported goods by routing invoices through EIF, thereby inflating prices and siphoning off foreign exchange.
      • The department claimed that the declared values were nearly double the actual payments made to the original equipment manufacturers (OEMs), based on bank remittance data.

    Key Facts and Timeline

    1. Project Setup:
      • APML and APRL set up mega power projects, inviting global tenders for equipment supply due to lack of credible domestic suppliers.
      • Contracts were awarded to the lowest bidders through International Competitive Bidding (ICB), with EIF (formerly Sichuan Machinery & Equipments FZE) emerging as the lead supplier.
    2. Contract Registration:
      • The contracts were registered under Project Import Regulations (PIR), allowing for duty exemptions and assessment of the contract as a whole rather than individual consignments.
    3. Show Cause Notice:
      • In 2014, DRI issued a show cause notice alleging trade-based money laundering, over-valuation, and violation of customs and foreign trade regulations.
      • The notice was based on bank documents showing a significant gap between the amounts invoiced by EIF and the payments made to OEMs.

    Legal Arguments

    Department’s Position

    • Relationship and Collusion: Claimed that APML/APRL and EIF were related parties, and the relationship influenced pricing.
    • Sham Transactions: Alleged that the ICB process was manipulated to legitimize inflated contracts.
    • Evidence: Relied on bank remittance data and OEM invoices to demonstrate over-valuation.

    Respondents’ Defense

    • Genuine Bidding Process: Asserted that contracts were awarded through transparent ICB, with no manipulation.
    • Comparable Pricing: Provided data showing that per MW project costs were in line with industry benchmarks and regulatory norms.
    • Contractual Structure: Emphasized that EPC contracts included comprehensive services (design, engineering, installation, warranty, etc.), justifying higher prices compared to standalone supply contracts.
    • Admissibility of Evidence: Challenged the admissibility of bank documents under the Customs Act, citing lack of proper certification and authentication.

    Tribunal’s Findings

    1. Relationship Between Parties

    • The tribunal found that while there was some overlap in ownership and personnel, the contracts were signed before EIF became a related party in the legal sense for APML, and even for APRL, there was no evidence that the relationship influenced pricing.

    2. Nature of Contracts

    • The contracts were confirmed as EPC contracts, not mere supply agreements. The scope included design, engineering, installation, and extended warranties, which justified the lump-sum pricing.

    3. Tendering Process

    • The ICB process was found to be genuine, with no evidence of manipulation or sham bidding. Competing bids were received and evaluated transparently.

    4. Valuation and Over-valuation Allegations

    • The tribunal held that the department’s reliance on bank documents was misplaced, as these were not properly certified or authenticated as required by law.
    • The comparison between EPC contract prices and OEM supply contracts was deemed inappropriate due to differences in scope, risk, and contractual obligations.
    • The per MW costs for APML and APRL were found to be within or below regulatory benchmarks, further undermining the over-valuation claim.

    5. Project Import Regulations (PIR)

    • The tribunal emphasized that under PIR, the contract as a whole must be assessed, not individual consignments. The department’s approach of dissecting individual shipments was contrary to law.

    6. Confiscation and Penalties

    • As the over-valuation allegations were not substantiated, the tribunal found no grounds for confiscation or penalties under the Customs Act.

    Key Data and Comparative Analysis

    ProjectYearCapacity (MW)Total Cost (Rs. Cr)Cost per MW (Rs. Cr)
    APML (Phase-III)200913206,2904.76
    Indiabulls-Sophia Power200913206,8885.22
    GMR Chhattisgarh201013208,2006.21
    JPL Dumka Jharkhand201013207,2245.47
    Jaypee-Prayagraj2009198010,7805.44
    Moser Baer201012006,2405.20
    Jindal India Powertech Ltd.20096603,1605.27
    APRL201013207,0305.33

    Conclusion and Implications

    The CESTAT Mumbai’s order provides a detailed legal and factual analysis, ultimately dismissing the department’s appeal and upholding the original order that dropped proceedings against Adani Power entities. The case underscores the importance of:

    • Adhering to proper evidentiary standards in customs investigations.
    • Recognizing the complexity and scope of EPC contracts in large infrastructure projects.
    • Ensuring that regulatory benchmarks and industry practices are considered in valuation disputes.

    This decision sets a precedent for similar cases involving project imports, EPC contracts, and allegations of over-valuation, reinforcing the need for robust, transparent processes and adherence to legal standards.

    Connected Matter

    CESTAT Mumbai Dismisses Customs Appeals Against Adani Group: Tribunal Upholds Legitimacy of EPC Imports and Declared Valuation

    Source: CESTAT Mumbai

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • CESTAT Bangalore Sets Aside Penalty on Customs Broker

    CESTAT Bangalore Sets Aside Penalty on Customs Broker

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 08.06.2026

    CESTAT Bangalore Sets Aside Penalty on Customs Broker

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    A recent decision by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, has significant implications for customs brokers and the enforcement of procedural timelines under the Customs Broker Licensing Regulations (CBLR), 2018. The case involved Bon Freight, a licensed customs broker, and the Commissioner of Customs (Preventive), Cochin, centering on penalties imposed for alleged regulatory violations.

    Background of the Case

    Bon Freight, a long-standing customs broker with a valid license, handled export shipments for M/s. Kaliswari Colour Match Works. In 2018, Bon Freight filed two shipping bills for the export of safety matches, classifying the goods under Customs Tariff Heading (CTH) 36050090. This classification allowed the exporter to claim higher benefits under the Merchandise Exports from India Scheme (MEIS).

    Three years later, Tuticorin Customs discovered that the goods should have been classified under CTH 36050010, not 36050090. Upon learning of the misclassification, Bon Freight advised the exporter to repay the excess MEIS benefit (Rs. 1,39,840) and interest (Rs. 47,000), which was duly done.

    Sequence of Proceedings

    1. Initial Show Cause Notice (SCN) and Penalty:
      • Tuticorin Customs issued an SCN and, after considering Bon Freight’s reply, imposed penalties under Sections 114 and 114AA of the Customs Act, 1962.
      • Bon Freight appealed this order, and the appeal was pending at the time of the CESTAT hearing.
    2. CBLR Proceedings:
      • Separately, Cochin Customs initiated proceedings under CBLR, 2018, issuing an SCN for alleged violations by Bon Freight.
      • Bon Freight responded, but the Commissioner imposed a penalty of Rs. 50,000 under Regulation 18 of CBLR, 2018, without granting a requested cross-examination or fully considering the broker’s submissions.

    Key Legal Issues Examined

    The Tribunal focused on three main questions:

    1. Validity of the Offence Report:
      • Whether the SCN issued by Tuticorin Customs could be treated as an ‘offence report’ by Cochin Customs for initiating CBLR proceedings.
    2. Limitation Period:
      • Whether the SCN issued by Cochin Customs was within the 90-day limitation period mandated by Regulation 17(1) of CBLR, 2018.
    3. Procedural Compliance:
      • Whether the penalty imposed under Regulation 18 was tenable given the alleged procedural lapses.

    Tribunal’s Findings and Ruling

    • Offence Report: The Tribunal accepted that the Tuticorin SCN, containing details of the alleged violations, could serve as an offence report for Cochin Customs.
    • Limitation Period: The Tribunal found that the SCN from Cochin Customs was issued beyond the 90-day period from the date of the offence report, violating Regulation 17(1). Citing established legal precedents, the Tribunal emphasized strict adherence to this timeline.
    • Procedural Lapses: The Tribunal noted that Bon Freight was not given an opportunity for cross-examination and that the procedures under Regulation 17 were not strictly followed. Such non-compliance invalidated the adjudication process.

    Outcome

    The CESTAT set aside the penalty order against Bon Freight, allowing the appeal and granting consequential relief as per law. This decision underscores the importance of procedural fairness and strict compliance with regulatory timelines in customs broker disciplinary proceedings.

    Implications for Customs Brokers

    • Strict Timelines: Authorities must issue SCNs within 90 days of receiving an offence report, or risk having their actions invalidated.
    • Procedural Safeguards: Customs brokers are entitled to due process, including the right to cross-examination and proper consideration of their submissions.
    • Legal Precedent: This ruling reinforces the need for adherence to both substantive and procedural requirements in regulatory enforcement.

    Conclusion

    The CESTAT Bangalore’s decision in favor of Bon Freight is a significant affirmation of procedural rights for customs brokers. It serves as a reminder to both regulators and regulated entities of the critical importance of following due process and statutory timelines in administrative actions.

    Source: CESTAT Bangalore

    Disclaimer

    Handy Download:

    “Handy Order For Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com

  • CESTAT Mumbai Dismisses Customs Appeals Against Adani Group: Tribunal Upholds Legitimacy of EPC Imports and Declared Valuation

    CESTAT Mumbai Dismisses Customs Appeals Against Adani Group: Tribunal Upholds Legitimacy of EPC Imports and Declared Valuation

    Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

    Date: 06.06.2026

    CESTAT Mumbai Dismisses Customs Appeals Against Adani Group: Tribunal Upholds Legitimacy of EPC Imports and Declared Valuation

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Mumbai recently delivered a significant order involving Adani Enterprises Limited and several other Adani Group companies. This article provides a detailed overview of the case, the legal proceedings, and the implications of the Tribunal’s decision.

    Background of the Case

    The case originated from a Directorate of Revenue Intelligence (DRI) investigation into imports made by various Adani Group entities. The investigation led to three separate show cause notices (SCNs) alleging over-valuation of imported goods supplied by Electrogen Infra FZE (EIF), UAE. The notices targeted different Adani companies across multiple projects, including solar power and port infrastructure.

    Key Entities Involved

    • Adani Enterprises Limited (AEL)
    • Adani Renewable Energy LLP (AREL)
    • Adani Hazira Port Private Limited (AHPPL)
    • Adani Port and Special Economic Zone Limited (APSEZL)
    • Adani International Container Terminal (P) Limited (AICTPL)
    • Adani Vizag Coal Terminal Private Limited (AVCTPL)

    Timeline of Proceedings

    1. 2014: Two initial SCNs were issued to Adani Power Maharashtra Ltd., Adani Power Rajasthan Ltd., and Maharashtra Eastern Grid Power Transmission Company Ltd., alleging over-valuation.
    2. 2016: A third SCN was issued to the six Adani entities listed above, based on the same investigation and evidence.
    3. 2017: The Additional Director General (DRI) dropped proceedings for the first two SCNs, finding no merit in the over-valuation allegations.
    4. 2022: The Tribunal upheld the dropping of proceedings in both cases. The department’s appeals to the Supreme Court were dismissed in 2023, making the findings final.
    5. 2023-2026: The third SCN was adjudicated by the Principal Commissioner, who also dropped the proceedings. The department appealed this decision, leading to the current CESTAT order.

    Facts of the Appeals

    Each Adani entity had followed transparent international competitive bidding processes for their respective projects, awarding contracts to EIF as the lowest bidder. The contracts were comprehensive EPC (Engineering, Procurement, and Construction) agreements, including:

    • Supply of specialized equipment (solar modules, cranes, tugs)
    • Extended warranties and performance guarantees
    • On-site training and risk coverage

    The imports were executed under multiple Bills of Entry, and all assessments were finalized between 2011 and 2013.

    Legal Issues Examined

    The Tribunal considered three main issues:

    1. Whether the declared value of imports should be rejected and re-determined under customs valuation rules.
    2. Whether the goods were liable to confiscation under Section 111(m) of the Customs Act.
    3. Whether penalties should be imposed on the importers and related parties.

    Key Findings

    • No Influence on Pricing: Although the importers and EIF were related, the Tribunal found that the relationship did not influence the transaction prices. The contracts were awarded through transparent bidding, and the declared values were consistent with market rates.
    • Evidentiary Value: The evidence relied upon by the DRI (such as overseas bankers’ letters) lacked proper certification under Section 138C(4) of the Customs Act, rendering them inadmissible.
    • Consistency with Previous Decisions: Since the facts and evidence were identical to the earlier cases (which had attained finality up to the Supreme Court), the Tribunal held that the same outcome must apply.
    • No Grounds for Confiscation or Penalty: As there was no mis-declaration or over-valuation, the goods could not be confiscated, and no penalties could be imposed.

    Implications of the Decision

    The CESTAT Mumbai’s order reinforces several important legal principles:

    1. Finality of Judicial Decisions: Once findings of fact are upheld through all appellate forums, including the Supreme Court, similar cases based on the same facts and evidence must follow suit.
    2. Transparency in Procurement: The use of international competitive bidding and comprehensive EPC contracts was crucial in establishing the legitimacy of the declared values.
    3. Strict Evidentiary Standards: Authorities must ensure that evidence meets statutory requirements to be admissible in customs proceedings.

    Conclusion

    The dismissal of the department’s appeals by CESTAT Mumbai marks a decisive end to a long-standing dispute involving Adani Group companies. The order upholds the importance of transparent business practices and the rule of law in customs adjudication, setting a precedent for future cases involving similar allegations.

    Source: CESTAT Mumbai

    Disclaimer

    Handy Download:

    “Handy Order for Download”Download

    Write to us at office@aadrikaalaw.com

    Tel: +91-11-4999 2707 I +91-9999005379

    www.aadrikaalaw.com