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Category: CESTAT

  • CESTAT Mumbai Overturns Customs Duty and Penalties on Food Grade Sodium Tri-Poly Phosphate Imports

    CESTAT Mumbai Overturns Customs Duty and Penalties on Food Grade Sodium Tri-Poly Phosphate Imports

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

    Date: 04.05.2026

    CESTAT Mumbai Overturns Customs Duty and Penalties on Food Grade Sodium Tri-Poly Phosphate 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 Surbhit Impex CESTAT Mumbai case is a significant legal dispute involving the importation and classification of Sodium Tri-Poly Phosphate (STPP), specifically regarding its grade (food vs. industrial) and the applicability of anti-dumping duty (ADD). The case highlights the complexities of customs law, laboratory testing, and the burden of proof in determining the correct classification of imported goods.

    Background of the Case

    Surbhit Impex Private Limited (formerly B.M. Jain & Sons Private Limited) imported 150 metric tons of STPP, declared as food grade, from Sheetal Enterprises, Hong Kong, China. The imports were classified under Customs Tariff Item (CTI) 2835 3100, and two Bills of Entry were filed. Customs authorities, suspecting mis-declaration to avoid ADD, initiated investigations and ordered laboratory testing to verify the grade of the imported STPP.

    Investigations and Laboratory Testing

    • Customs Intelligence: Customs developed intelligence suggesting importers were mis-declaring STPP grade to evade ADD imposed by Notification No. 58/2011-Customs.
    • Sample Testing: Samples were sent to multiple laboratories:
      • CRCL (Central Revenue Control Laboratory): Unable to test for grade.
      • FSSAI Authorized Laboratory (Envirocare Labs): Tested for physical appearance, P2O3, pH, and bulk density. Reported conformity to food grade parameters. FSSAI issued a No Objection Certificate (NOC).
      • Central Food Laboratory, Pune: Lacked equipment for STPP analysis.
      • Chemotest Laboratory: Tested for water insoluble matter, pH, phosphorous, tri-poly phosphate content, and particle size. Concluded the sample was industrial grade, citing overlapping parameters and lack of distinctive tests for food grade.

    Customs Actions and Legal Proceedings

    • Seizure and Show Cause Notice: Based on Chemotest’s report, customs seized the goods and issued a show cause notice proposing confiscation, ADD demand, and penalties under various sections of the Customs Act.
    • Adjudication: The original authority confirmed the proposals, including confiscation, ADD demand, and penalties.
    • Appeals: Surbhit Impex and its Managing Director appealed, arguing that FSSAI’s NOC and Envirocare’s report should prevail, and that Chemotest’s findings were inconclusive and not recognized by FSSAI.

    Key Legal Issues

    • Grade Determination: The central issue was whether the imported STPP was food grade (exempt from ADD) or industrial grade (subject to ADD).
    • Burden of Proof: The Tribunal emphasized that the burden of proof lies with the customs authorities to demonstrate that the goods are not food grade.
    • Laboratory Accreditation: Both Envirocare and Chemotest were NABL & FSSAI accredited, but only Envirocare’s report was recognized by FSSAI for food safety.

    Tribunal Findings and Decision

    • Laboratory Reports: The Tribunal found that Chemotest’s report was inconclusive, as the tested parameters overlapped and did not definitively prove the goods were not food grade. Envirocare’s report, endorsed by FSSAI, confirmed conformity to food grade standards.
    • Legal Precedents: The Tribunal cited Supreme Court decisions (e.g., Gastrade International v. Commissioner of Customs, Kandla) that benefit of doubt should be given to importers when evidence is inconclusive.
    • Notification Interpretation: Final ADD notifications explicitly excluded food grade STPP from ADD, supporting the appellants’ position.
    • Outcome: The Tribunal set aside the impugned order, allowed the appeals, and disposed of the miscellaneous application. The goods were deemed food grade, exempt from ADD, and penalties/confiscation were overturned.

    Implications and Lessons

    • Importance of Accredited Testing: Only tests recognized by relevant authorities (FSSAI) should be used for classification affecting duty liability.
    • Burden of Proof: Customs must provide clear, conclusive evidence when challenging importers’ declarations.
    • Legal Clarity: The case reinforces the need for precise legal and scientific standards in customs classification and duty assessment.

    Conclusion

    The Surbhit Impex CESTAT Mumbai case underscores the critical role of laboratory testing, regulatory standards, and legal principles in customs disputes. It serves as a precedent for importers and customs authorities, emphasizing the necessity of conclusive evidence and proper accreditation in determining the grade and duty liability of imported goods.

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    Source: CESTAT Mumbai

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  • CESTAT Mumbai Sets Aside Customs Duty Drawback Recovery

    CESTAT Mumbai Sets Aside Customs Duty Drawback Recovery

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

    Date: 02.05.2026

    CESTAT Mumbai Sets Aside Customs Duty Drawback Recovery

    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 .  

    Haji’s International, a Mumbai-based garment exporter, recently secured a significant legal win at the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Mumbai. The Tribunal set aside a customs order that sought to recover duty drawback payments and impose penalties, clarifying important aspects of customs law and the transition between old and new drawback rules.

    Background of the Case

    1. Parties Involved:
      • Appellants: M/s. Haji’s International and its partner, Ashfaq Anwar Nursumar.
      • Respondent: Commissioner of Customs (Export), Mumbai.
    2. Nature of Business:
      • Haji’s International exported garments mainly to Nigeria between January 2012 and December 2016, claiming duty drawback at the All Industry Rate.
    3. Dispute Origin:
      • The Directorate of Revenue Intelligence (DRI) investigated alleged use of fake invoices by exporters, including Haji’s International, based on statements from Suhel Parvez Ansari.
      • Customs authorities issued a show cause notice in December 2022, seeking recovery of Rs. 773.86 lakhs in duty drawback and imposing penalties under sections 114 and 114AA of the Customs Act.

    Key Legal Issues

    1. Applicability of Old Drawback Rules:
      • Customs sought recovery under Rule 16 and 16A of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, even though these rules were repealed with the introduction of the 2017 Drawback Rules.
    2. Delay in Proceedings:
      • The show cause notice was issued years after the exports, raising concerns about unreasonable delay.
    3. Evidence and Allegations:
      • The department relied on statements about fake invoices, but Haji’s International provided bank certificates showing realization of export proceeds and denied any connection with the alleged suppliers.

    Tribunal’s Findings and Decision

    1. Drawback Rules Transition:
      • The Tribunal found that Rule 16 of the 1995 Drawback Rules could not be invoked for recovery after the 2017 Rules came into force, as the new rules did not save such proceedings.
      • Section 159A of the Customs Act, which generally preserves rights and liabilities after repeal, was deemed inapplicable due to the β€œdifferent intention” expressed in Rule 20(2) of the 2017 Rules.
    2. Precedents Cited:
      • The Tribunal relied on Supreme Court and High Court judgments (e.g., Hindustan Construction Company, Famina Knit Fabs) that clarified the effect of repeal and saving clauses in tax statutes.
    3. Penalties and Confiscation:
      • Penalties under sections 114 and 114AA were set aside, as there was no evidence of intentional wrongdoing or use of false documents.
      • Confiscation of goods was deemed inapplicable since the goods had already been exported.
    4. Final Outcome:
      • The Tribunal set aside the Commissioner’s order, allowing both appeals and nullifying the recovery and penalties.

    Implications for Exporters

    1. Legal Clarity:
      • Exporters are protected from retrospective recovery under repealed rules unless specifically saved by new regulations.
    2. Importance of Documentation:
      • Maintaining proper records, including bank realization certificates, is crucial in defending against customs allegations.
    3. Timeliness of Proceedings:
      • Authorities must act within reasonable timeframes; undue delays can vitiate recovery actions.

    Conclusion

    The CESTAT Mumbai’s decision in favor of Haji’s International underscores the importance of clear legislative intent and procedural fairness in customs law. Exporters should stay informed about regulatory changes and ensure robust compliance to safeguard their interests.

    Source: CESTAT Mumbai

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  • CESTAT Mumbai Upholds Uzbekistan Origin, Rejects Revenue’s Attempt to Reclassify Goods as Iranian for ADD Levy

    CESTAT Mumbai Upholds Uzbekistan Origin, Rejects Revenue’s Attempt to Reclassify Goods as Iranian for ADD Levy

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

    Date: 01.05.2026

    CESTAT Mumbai Upholds Uzbekistan Origin, Rejects Revenue’s Attempt to Reclassify Goods as Iranian for ADD Levy

    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 .  

    Keltech Energies Ltd. recently secured a significant victory at the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai, in a case involving the import of ammonium nitrate. The dispute centered on the country of origin of the imported goods and the imposition of anti-dumping duties (ADD), with far-reaching implications for importers and customs authorities alike.

    Background of the Case

    Keltech Energies Ltd. imported ammonium nitrate, declaring Uzbekistan as the country of origin in seventeen Bills of Entry. The company provided a Country of Origin Certificate and sought exemption from ADD under Notification No. 44/2017-Customs (ADD) dated 12.09.2017. However, the customs authorities rejected the declared origin, treating the goods as Iranian and reassessed the imports, demanding Rs. 2,75,43,267/- in duty, imposing penalties, and confiscating the goods.

    Key Issues and Arguments

    1. Country of Origin Dispute

    • Keltech’s Position: The goods were manufactured in Uzbekistan, transported by road to Bandar Abbas, Iran (as Uzbekistan is landlocked), then shipped to Jebel Ali, Dubai, before arriving in India. Keltech submitted a valid Country of Origin Certificate and supporting documents, including purchase orders, invoices, and certificates from relevant authorities.
    • Customs’ Position: Authorities alleged mis-declaration, relying on statements and electronic evidence (such as WhatsApp chats) to claim the goods originated from Iran, thus subject to ADD.

    2. Evidence and Investigation

    • Keltech argued that the authorities failed to investigate or verify the authenticity of the Country of Origin Certificate. There was no allegation or proof that the certificate was forged or manipulated.
    • The customs authorities relied on statements and electronic evidence, but these were not corroborated or authenticated as required under Section 138C of the Customs Act.

    3. Principles of Natural Justice

    • Keltech highlighted that no cross-examination was offered for key statements relied upon by customs, violating principles of natural justice.
    • The company also pointed out discrimination, referencing another case where similar demands were dropped against another importer on identical grounds.

    Tribunal’s Findings

    • The CESTAT found that Keltech’s documentary evidence, including the Country of Origin Certificate, invoices, and transport documents, was credible and unrefuted.
    • The tribunal criticized customs authorities for relying on uncorroborated statements and unauthenticated electronic evidence, failing to subject primary evidence to proper scrutiny.
    • The lack of cross-examination and verification of the certificate was deemed a serious procedural lapse.
    • The tribunal noted discrimination in the treatment of Keltech compared to other importers.

    Final Order and Relief

    • The CESTAT set aside the customs authority’s order, allowing Keltech’s appeal and granting consequential relief.
    • The tribunal emphasized the importance of proper investigation, adherence to legal procedures, and respect for documentary evidence in customs disputes.

    Implications for Importers and Customs Authorities

    1. Strengthening Documentary Evidence: Importers should ensure robust documentation, including valid certificates and transport records, to support their claims.
    2. Procedural Fairness: Customs authorities must adhere to principles of natural justice, including offering cross-examination and verifying primary evidence.
    3. Legal Scrutiny of Electronic Evidence: Electronic evidence must be authenticated and corroborated as per legal requirements.
    4. Consistency in Decision-Making: Authorities should avoid discriminatory practices and ensure uniform application of law.

    Conclusion

    The Keltech Energies Ltd. case underscores the critical role of documentary evidence and procedural fairness in customs disputes. The CESTAT’s decision sets a precedent for importers facing similar challenges and highlights the need for customs authorities to conduct thorough, unbiased investigations.

    Source: CESTAT Mumbai

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  • CESTAT Bangalore Ruled on Proper Classification of Scientific Instruments under Customs Tariff Act

    CESTAT Bangalore Ruled on Proper Classification of Scientific Instruments under Customs Tariff Act

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

    Date: 01.05.2026

    CESTAT Bangalore Ruled on Proper Classification of Scientific Instruments under Customs Tariff 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 Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Bangalore recently adjudicated a significant case involving ITC Limited and the classification of scientific instruments imported for research and development. The dispute centered on whether these instruments should be classified under Customs Tariff Heading (CTH) 9032 or 9027, impacting the applicable duties and compliance requirements.

    Background of the Case

    ITC Limited, a DSIR-certified research facility, imported a set of scientific instruments including a Monodisperse Aerosol Generator, Aerodynamic Particle Sizer, Electrical Neutralizer, and Aerosol Diluter. These instruments are integral to the physical and chemical analysis of aerosols, a process essential for ITC’s R&D activities. The company declared the goods under CTH 9027, which covers instruments for physical or chemical analysis, and paid the corresponding duties.

    Customs Department’s Allegation

    The Customs Department alleged mis-declaration, reclassifying the goods under CTH 9032, which pertains to instruments for measuring or controlling variables like temperature, pressure, or humidity. This reclassification led to a demand for differential duty, interest, and penalties under Section 114A of the Customs Act, 1962. The department also invoked the extended period of limitation, claiming suppression or willful misstatement by ITC Limited.

    ITC Limited’s Defense

    ITC Limited argued that:

    1. The imported instruments function together as a system for physical and chemical analysis, not for measurement or control as defined under CTH 9032.
    2. The goods were appropriately described and classified in the Bill of Entry, matching the supplier’s commercial invoice and HS code.
    3. The issue was interpretational, not a case of suppression or willful misstatement.
    4. The extended period of limitation was wrongly invoked, as there was no evidence of evasion or concealment.

    Legal Provisions and Precedents

    • Chapter 90 of the Customs Tariff Act: CTH 9027 covers instruments for physical or chemical analysis, while CTH 9032 is for instruments measuring or controlling specific variables.
    • Chapter Note 3 and Section XVI Note 4: When a combination of machines contributes to a clearly defined function, classification should follow the function.
    • Supreme Court Precedents: Multiple judgments, including Pahwa Chemicals Pvt. Ltd. vs. CCE, emphasized that extended limitation requires proof of willful misstatement or suppression.

    Tribunal’s Findings

    The Tribunal found that:

    1. The aerosol generator and related instruments are used for generating and analyzing aerosols, not for measurement or control as per CTH 9032.
    2. The system does not operate in isolation and lacks mechanisms to measure or control parameters independently.
    3. The classification under CTH 9027 is appropriate, and the department’s invocation of extended limitation was unsustainable.
    4. The penalty and demand raised by the department were set aside.

    Outcome

    The appeal was allowed, and the impugned order was set aside. ITC Limited received consequential relief, affirming the correct classification under CTH 90278090.

    Key Takeaways for Importers

    1. Accurate Classification: Ensure goods are classified based on their actual function and use, supported by documentation.
    2. Documentation: Maintain clear records, including commercial invoices and technical descriptions, to support classification.
    3. Legal Awareness: Understand relevant tariff headings and legal notes to avoid disputes.
    4. Responding to Allegations: In case of misclassification allegations, demonstrate bona fide intent and absence of suppression.

    This case highlights the importance of precise classification and robust documentation in customs compliance for scientific instruments.

    Connected Matter

    Supreme Court reaffirms strict interpretation of β€˜Suppression of Facts’ u/s 11A of Central Excise Act

    Source: CESTAT Bangalore

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  • CESTAT Delhi Sets Aside Duty and Penalties in EOU Marble Import Dispute

    CESTAT Delhi Sets Aside Duty and Penalties in EOU Marble Import Dispute

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

    Date: 30.04.2026

    CESTAT Delhi Sets Aside Duty and Penalties in EOU Marble Import Dispute

    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 involving M/s United Natural Stone, a 100% Export Oriented Unit (EOU) based in Udaipur, Rajasthan, and several associated individuals. The case revolved around customs duty assessments, alleged violations of export regulations, and the imposition of substantial penalties. This article provides a detailed overview of the case, its background, key legal issues, arguments from both sides, and the final outcome.

    Background of the Case

    United Natural Stone operates as a 100% EOU, importing marble blocks duty-free under the Foreign Trade Policy (FTP) and manufacturing marble products for export. The company, along with its partners and associated firms, faced allegations from the Customs Department of violating the ‘Actual User Condition’ of the exemption notification by diverting imported marble blocks to the domestic market instead of using them for export production.

    Key Allegations

    • United imported 15,104.1 MT of marble blocks duty-free between 2016 and 2020.
    • During a factory search in January 2020, a shortage of 8,351.58 MT of marble blocks was discovered.
    • The Customs Department claimed these blocks were sold domestically, and that exported marble slabs were made from indigenous marble, not imported blocks.
    • The department demanded customs duty on the entire imported quantity and imposed penalties on United and several individuals under sections 114A and 114AA of the Customs Act.

    Legal Proceedings and Arguments

    Appellants’ Submissions

    • Jurisdiction: The defense argued that only the Directorate General of Foreign Trade (DGFT) should handle FTP violations, not Customs.
    • StockVerification: They challenged the method used to calculate shortages, citing measurement inconsistencies and processing losses.
    • Evidence: The defense highlighted the lack of concrete evidence for clandestine removal, such as buyer identification, transport records, or a money trail.
    • ExportDocumentation: They asserted that all exports through third parties were made from indigenous marble, supported by exporter statements.
    • ProceduralIssues: The defense criticized the denial of cross-examination rights and the improper admission of statements as evidence under section 138B of the Customs Act.

    Revenue’s Submissions

    • ExportRecords: The department presented export invoices and purchase orders showing exports of ‘Fantasy Brown’ marble, allegedly of Indian origin.
    • FinancialTransactions: Evidence of payments and e-way bills suggested diversion and sale of imported marble blocks.
    • OriginofMarble: The department relied on internet sources to claim ‘Harmony Brown’ marble is exclusive to India, supporting their case that imported marble was diverted.

    Tribunal’s Findings and Decision

    Key Issues Decided

    1. DutyDemand: The tribunal found that 6,752.56 MT of marble blocks were still in stock and not diverted, so no duty could be demanded on this quantity. For the remaining 8,351.58 MT, the tribunal ruled that reliance on internet sources and unverified statements was insufficient to prove diversion. The demand for duty was set aside.
    2. Penalties: The tribunal held that penalties under sections 114A and 114AA require evidence of collusion, misstatement, or intentional use of false documents. Since imports were made legitimately and no such evidence was found, all penalties were set aside.
    3. ProceduralCompliance: The tribunal emphasized the importance of proper evidentiary procedures, including compliance with section 138B for admitting statements.

    Final Outcome

    • The impugned order was set aside.
    • All seven appeals were allowed, and the penalties and duty demands were annulled.

    Implications for Export Oriented Units

    This judgment underscores the need for:

    1. ProperEvidence: Regulatory authorities must rely on concrete evidence, not internet sources or unverified statements, to establish violations.
    2. ProceduralFairness: Compliance with legal procedures for admitting evidence and allowing cross-examination is critical.
    3. ClearJurisdiction: FTP violations should be handled by the appropriate authority (DGFT), not Customs, unless clear evidence of customs law violations exists.

    Conclusion

    The United Natural Stone case is a landmark in customs law, highlighting the importance of due process, evidentiary standards, and jurisdictional clarity. It provides valuable lessons for EOUs, exporters, and regulatory authorities alike.

    Source: CESTAT Delhi

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  • CESTAT Ahmedabad Upholds Export Valuation and DEPB Benefits

    CESTAT Ahmedabad Upholds Export Valuation and DEPB Benefits

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

    Date: 30.04.2026

    CESTAT Ahmedabad Upholds Export Valuation and DEPB Benefits

    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), Ahmedabad, recently delivered a significant judgment involving Adani Exports Limited and several associated companies. The case revolved around allegations of overvaluation of exports, fraudulent claims of export benefits, and the subsequent appeals by the Revenue against orders favoring the respondents. This article provides a comprehensive overview of the case, the legal arguments, and the implications of the tribunal’s decision.

    Background of the Case

    The Directorate of Revenue Intelligence (DRI) initiated investigations based on intelligence that various companies, including Adani Exports Ltd., had overvalued their exports of CD ROMs. The alleged intent was to fraudulently obtain excess DEPB/DEEC credits, which allow duty-free imports, thereby causing a loss to the exchequer. The investigation covered exports made during 1998 and 1999 and implicated several companies and individuals linked to the Adani Group.

    Key allegations included:

    • Export of junk CDs declared as software at grossly inflated values.
    • Availing DEPB credits far in excess of what was admissible (e.g., Rs. 11.92 crore claimed, only Rs. 72 lakh admissible).
    • Utilization of these credits for duty-free imports, resulting in revenue loss.

    Legal Proceedings and Arguments

    Revenue’s Position

    The Revenue argued that:

    1. The adjudicating authority failed to consider the merits and distinguishing facts of the case.
    2. The DRI had documentary evidence (invoices, US Customs reports, etc.) supporting the re-determined, lower value of the exported goods.
    3. The method of re-determination in this case differed from previous cases, making prior judgments inapplicable.
    4. Admissions of overvaluation by some parties before the Settlement Commission supported the Revenue’s case.

    Respondents’ Defense

    The respondents, represented by legal counsel, countered that:

    1. The issue was already settled by CESTAT and upheld by the Supreme Court in similar cases (Colourtex, Crown International, Advance Exports).
    2. The exported goods, their valuation, and the method of assessment were identical to those in the settled cases.
    3. The Ministry of Finance’s Circular No. 69/97-Cus clarified that FOB values within 150% of the manufacturer’s price should be accepted without further enquiry. The values in question fell within this range.
    4. The DGFT (licensing authority) had already dropped show cause notices regarding overvaluation, confirming the legitimacy of the DEPB credits issued.

    Tribunal’s Findings

    The CESTAT bench, after reviewing submissions and records, made several key observations:

    • The facts and legal issues were identical to those in previously adjudicated cases, where the transaction values were accepted as genuine and the exporters were found eligible for DEPB benefits.
    • The Ministry of Finance’s guidelines were followed, and the declared values did not exceed the permissible limits.
    • The DGFT had not cancelled the DEPB licenses, and customs authorities could not unilaterally declare them invalid without such action from the licensing authority.
    • The Revenue’s appeals did not present new grounds or evidence sufficient to overturn the adjudicating authority’s orders.

    Final Order

    The tribunal upheld the orders in favor of Adani Exports Ltd. and other respondents, dismissing the Revenue’s appeals. The key takeaways from the order include:

    • Once the transaction value is deemed fair and exports are genuine, the eligibility for DEPB entitlements stands.
    • The issue is no longer res integra (i.e., it has been conclusively settled by higher courts).
    • Valid DEPB scrips used for imports cannot be challenged by customs authorities unless cancelled by the DGFT.

    Implications and Significance

    This ruling reinforces the principle that settled legal positions, especially those upheld by the Supreme Court, must be respected by all authorities. It also clarifies the roles of customs and licensing authorities in export incentive schemes and provides exporters with greater certainty regarding the treatment of their export benefits.

    Conclusion

    The CESTAT Ahmedabad’s decision in the Adani Exports case marks a reaffirmation of established legal principles regarding export valuation and entitlement to export benefits. It underscores the importance of consistency in administrative actions and the finality of judicial decisions, providing clarity for exporters and regulatory authorities alike.

    Connected Matter

    CESTAT Ahmedabad Sets Aside Duty Demand in FPS Scrip

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    Source: CESTAT Ahmedabad

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  • CESTAT Mumbai Sets Aside Customs Duty Demands and Penalties in Imports of Second-Hand Machinery

    CESTAT Mumbai Sets Aside Customs Duty Demands and Penalties in Imports of Second-Hand Machinery

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

    Date: 30.04.2026

    CESTAT Mumbai Sets Aside Customs Duty Demands and Penalties in Imports of Second-Hand Machinery

    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 adjudicated a series of appeals involving Govindji Gopalji & Sons (now GGS Infrastructure Private Limited), Dharmesh Govind ji Vadar, and Dinesh Sharma, against the Commissioner of Customs (Import-I), Mumbai. The dispute centered on the import of second-hand cranes and accessories, alleged undervaluation, and subsequent customs duty demands, confiscation, and penalties.

    Background of the Case

    1. Period of Dispute: January 2006 to September 2010.
    2. Imports: 117 consignments, including 113 second-hand cranes, 4 accessories, and 1 crane by Dinesh Sharma.
    3. Assessment: Goods were assessed by local Chartered Engineers for valuation, following CBEC guidelines.
    4. Investigation: Directorate of Revenue Intelligence (DRI) alleged undervaluation, manipulation of freight/insurance, and use of unauthorized channels for remittances.

    Key Legal Issues

    The Tribunal examined several critical questions:

    1. Validity of Re-determination of Assessable Value: Whether the customs authorities were justified in enhancing the value of imported cranes under Rules 8 and 9 of the Customs Valuation Rules, 2007.
    2. Sustainability of Duty Demands: Whether differential duty demands under Section 28 of the Customs Act, 1962, were legally sustainable, especially for imports beyond the statutory limitation period.
    3. Confiscation and Penalties: Whether confiscation under Section 111(m) and penalties under Sections 112(a), 114A, and 114AA were justified.

    Tribunal’s Findings

    1. Assessment and Valuation Procedures

    • The Tribunal emphasized that valuation must follow the sequential rules under the Customs Valuation Rules, 2007, and CBEC Circulars.
    • The original assessment by Chartered Engineers was deemed compliant with CBEC Circular No. 4/2008-Customs.
    • Re-determination based on internet prices, market rates, and industry thumb rules lacked legal basis and was not supported by CBEC instructions.

    2. Limitation Period and Duty Demands

    • Duty demands for 32 consignments by Govindji Gopalji & Sons and 1 by Dinesh Sharma were beyond the 5-year limitation period and thus not sustainable.
    • Voluntary payments made by appellants could not be appropriated against duty demands for imports outside the limitation period.

    3. Confiscation and Penalties

    • The Tribunal found no evidence of mis-declaration or fraudulent intent; the goods were properly declared and assessed at import.
    • Penal provisions under Sections 112(a) and 114AA require proof of intentional false declarations, which was not established.
    • Confiscation and redemption fines were not justified, especially when goods were not physically available for seizure.

    4. Natural Justice and Cross-Examination

    • Statements relied upon by the department were not corroborated through cross-examination, violating principles of natural justice.
    • The Tribunal cited previous judgments, including Karim Haria and Crown Lifters Pvt Ltd., reinforcing the need for credible evidence and proper procedure.

    Outcome

    • Appeals by Importers: Allowed, setting aside duty demands, confiscation, and penalties.
    • Appeals by Revenue: Dismissed, as demands for imports beyond the limitation period and penalties were not sustainable.

    Implications for Importers and Customs Practice

    1. Valuation of Second-Hand Goods: Importers must ensure compliance with CBEC guidelines and obtain proper Chartered Engineer certificates.
    2. Limitation Period: Customs authorities cannot demand duties for imports beyond the statutory period, even if voluntary payments are made.
    3. Penalties and Confiscation: These require clear evidence of intentional wrongdoing; mere re-assessment or valuation differences do not justify penal action.
    4. Procedural Safeguards: Departments must provide opportunities for cross-examination and follow principles of natural justice.

    Conclusion

    The CESTAT Mumbai’s decision underscores the importance of procedural fairness, adherence to statutory guidelines, and the need for credible evidence in customs disputes. Importers and customs officials alike should ensure transparent practices and respect legal limitations to avoid unnecessary litigation and penalties.

    Connected Matter

    Delhi HC Upholds Statutory Exception to Cross-Examination: Section 9D Validated in Excise Adjudication Framework

    Source: CESTAT Mumbai

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  • CESTAT Mumbai Clarifies Customs Classification of Imported Food Seasonings

    CESTAT Mumbai Clarifies Customs Classification of Imported Food Seasonings

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

    Date: 29.04.2026

    CESTAT Mumbai Clarifies Customs Classification of Imported Food Seasonings

    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 judgment in the case of Godavari Udyog regarding the classification of imported food seasoning materials. This article explores the legal dispute, the arguments presented, and the Tribunal’s reasoning, providing clarity for importers and industry professionals dealing with food additives and seasonings.

    Background of the Case

    Godavari Udyog imported various food seasoning materials for snack foods, initially classifying them under Customs Tariff Item (CTI) 3302 10 10, which pertains to mixtures of odoriferous substances used as raw materials in industry. The customs authorities, based on laboratory test reports, sought to reclassify these goods under CTI 2103 90 40, which covers food preparations. This reclassification led to a show cause notice, fines, and penalties for Godavari Udyog.

    Ingredients and Laboratory Findings

    The imported seasonings contained ingredients such as:

    • Salt, onion powder, sugar, wheat flour, maltodextrin, garlic powder, lactic acid, natural herbs (parsley flakes, spearmint powder), hydrolyzed vegetable protein, natural onion flavour, natural yogurt flavour.
    • Dehydrated blends of whey, partially hydrogenated soybean oil, citric acid, natural food colours, paprika powder, turmeric extract, and nature identical flavours.
    • Maltodextrin, salt, dehydrated garlic, dextrose, encapsulated black pepper, cumin, red chili, natural paprika oleoresin, tricalcium phosphate.

    Laboratory analysis confirmed these were food preparations containing salt, carbohydrates, proteins, flavouring agents, and additives, free from alcohol.

    Legal Arguments

    Appellant’s Position

    Godavari Udyog argued that:

    1. The health certificate from the foreign port listed odoriferous substances (parsley, spearmint, paprika) as ingredients, which are covered under Heading 3302.
    2. The HSN Explanatory Notes to Heading 3302 include goods with odoriferous substances combined with diluents or carriers.
    3. According to the General Rules of Interpretation (GRI), mixtures should be classified based on the component giving the essential characterβ€”in this case, the odoriferous substances.
    4. Previous Tribunal decisions (Symrise Pvt. Ltd. and International Flavours and Fragrances India Pvt. Ltd.) supported their classification.

    Revenue’s Position

    The customs authorities maintained that the goods should be classified as food preparations under Heading 2103, arguing that the odoriferous substances were not the main constituent and referencing definitions from Wikipedia and HSN notes.

    Tribunal’s Analysis and Decision

    The Tribunal examined:

    • The HSN notes for Heading 3302, which cover mixtures of odoriferous substances (natural or synthetic) used as raw materials in industry.
    • The presence of parsley, spearmint, and paprika (essential oils and oleoresins) in the imported goods.
    • The misinterpretation by customs authorities that odoriferous substances must be predominant, whereas the law only requires their presence.

    The Tribunal referenced prior decisions, noting that Chapter Heading 3302 covers both natural and synthetic mixtures of odoriferous substances, and that food preparations based on these substances should not be classified under Heading 2106 or 2103.

    Outcome

    The Tribunal set aside the customs authorities’ order, allowing the appeal and confirming the classification under Heading 3302. This decision clarifies that food seasonings containing odoriferous substances, whether natural or synthetic, are to be classified as industrial raw materials under Heading 3302, not as food preparations under Heading 2103.

    Key Takeaways for Importers

    1. Ingredient Analysis: Importers should carefully review the composition of food seasonings, focusing on the presence of odoriferous substances.
    2. HSN Notes Reference: Classification should be guided by HSN Explanatory Notes and General Rules of Interpretation.
    3. Legal Precedents: Prior Tribunal decisions can provide valuable support in classification disputes.
    4. Documentation: Health certificates and laboratory reports are crucial evidence in customs proceedings.

    Conclusion

    The Godavari Udyog case sets an important precedent for the classification of imported food seasonings, emphasizing the role of odoriferous substances in determining tariff headings. Importers should ensure accurate classification to avoid penalties and leverage legal precedents when facing disputes.

    Source: CESTAT Mumbai

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  • CESTAT Delhi Sets Aside Anti-Dumping Duty Imposed on Semi-Finished Ophthalmic Lenses Imported from China

    CESTAT Delhi Sets Aside Anti-Dumping Duty Imposed on Semi-Finished Ophthalmic Lenses Imported from China

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

    Date: 29.04.2026

    CESTAT Delhi Sets Aside Anti-Dumping Duty Imposed on Semi-Finished Ophthalmic Lenses Imported from China

    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 idΒ intelconsul@gmail.com .

    Essilorluxottica Asia Pacific Ltd. recently challenged the imposition of anti-dumping duties on semi-finished ophthalmic lenses imported from China PR. The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) in New Delhi issued a detailed order addressing the appeal, which has significant implications for the optical industry and international trade practices.

    Background: What Is Anti-Dumping Duty?

    Anti-dumping duties are imposed to protect domestic industries from foreign companies selling products at unfairly low prices. In this case, the duty targeted semi-finished ophthalmic lenses made of plastic, which are used as blanks for further processing into vision correction lenses.

    The Dispute: Essilorluxottica vs. Designated Authority

    Essilorluxottica Asia Pacific Ltd. (the “Essilor Group”) was treated as “non-cooperative” by the Designated Authority during the investigation, leading to the imposition of anti-dumping duties. The main points of contention included:

    1. Alleged Non-Cooperation: Essilor Group was considered non-cooperative because certain related parties (notably Danyang ILT and three other Chinese entities) did not participate in the investigation or provide required information.
    2. Relationship with Danyang ILT: The Designated Authority argued that Essilor Group continued to control Danyang ILT through an Equity Pledge Agreement, despite the sale of shares. Essilor Group countered that a pledge does not confer ownership or operational control.
    3. Disclosure of Related Entities: The Authority claimed Essilor Group failed to disclose all related producers in China PR, which could affect the determination of dumping margins.

    Key Legal Arguments and Findings

    Essilor Group’s Position

    • The group argued that their export prices were not injurious to the domestic industry, and if treated as cooperative, they would have received a nil rate of anti-dumping duty.
    • They maintained that information about non-exporting related entities was irrelevant for the investigation, as only producers exporting to India should be required to submit data.
    • The group asserted that the pledge agreement did not constitute control or ownership, referencing Indian Contract Act provisions and relevant court judgments.

    Designated Authority’s Position

    • The Authority insisted that operational and commercial realities, not just legal ownership, determine control in anti-dumping investigations.
    • They highlighted the late disclosure of the Equity Pledge Agreement and alleged suppression of financial links.
    • The Authority argued that all related producers must be disclosed to prevent circumvention and accurately assess costs.

    Tribunal’s Analysis and Decision

    • The Tribunal found that a pledge does not confer ownership or control, citing legal precedents.
    • It determined that Danyang ILT was not a related party under the relevant rules, and Essilor Group could not be compelled to produce documents not in their possession.
    • The Tribunal concluded that information from non-exporting related entities was irrelevant for determining dumping margins in non-market economy cases like China PR.
    • The recommendation to impose anti-dumping duty on Essilor Group for non-cooperation was set aside. The Authority was directed to reconsider the case without treating Essilor Group as non-cooperative.

    Implications for the Optical Industry

    • Clarification of “Related Party” Definition: The ruling clarifies how relationships are assessed in anti-dumping investigations, especially regarding pledges and shareholding.
    • Procedural Safeguards: The decision reinforces the need for authorities to rely only on relevant information and not penalize parties for non-production of documents beyond their control.
    • Impact on Trade: The outcome may affect future anti-dumping investigations and the import of ophthalmic lenses, potentially reducing barriers for international suppliers.

    Conclusion

    The CESTAT’s order in favor of Essilorluxottica Asia Pacific Ltd. sets a precedent for fair treatment in anti-dumping investigations, emphasizing the importance of legal definitions, procedural fairness, and the relevance of information. The case highlights the complexities of international trade law and its impact on the optical industry.

    This article provides a comprehensive overview of the legal dispute, the arguments presented, and the Tribunal’s reasoning, offering valuable insights for industry stakeholders and legal professionals.

    Source: CESTAT Delhi

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  • Special Provisions for Perishable and Prohibited Goods u/s 110 of the Customs Act, 1962

    Special Provisions for Perishable and Prohibited Goods u/s 110 of the Customs Act, 1962

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

    Date: 28.04.2026

    Special Provisions for Perishable and Prohibited Goods u/s 110 of the Customs Act, 1962

    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 idΒ intelconsul@gmail.com . Β 

    The Customs Act, 1962 is the cornerstone of India’s border management, regulating the import, export, and handling of goods.

    Over the years, the Government has issued a series of notifications to address the unique challenges posed by certain goods, especially those that are perishable, depreciate quickly, or are valuable and require special handling.

    This article explains these notifications, their evolution, and the legal framework under Sections 110 and 110A of the Customs Act, with special reference to prohibited goods.

    Evolution of Notifications: Goods Subject to Special Provisions

    The Central Government, under Section 110(1A) of the Customs Act, periodically specifies goods that may be disposed of or handled differently due to their nature.

    YearNotification No.Goods Added / AmendedReason
    198631/86-CustomsLiquors, batteries, wrist watches, electronic goods, dangerous drugs, psychotropic substancesPerishable / Valuable
    198942/89-CustomsPhotographic films, medicines, zip fasteners, gold/silver bullion/coinExpanded scope
    19937/93-CustomsFurther amendmentsContinued expansion
    199510/95-CustomsConveyance (vehicles)Substitution
    199612/96-CustomsCurrency (Indian & Foreign)Value concerns
    199890/98-CustomsBall bearings, cellular phonesTechnological goods
    200420/2004-CustomsSoftware, goods not provisionally released within one monthDigital / Procedural
    200532/2005-CustomsPetroleum products, Red SanderEnvironmental / Economic
    200825/2008-CustomsSandalwoodValuable goods

    These notifications ensure that such goods do not deteriorate or lose value while in customs custody.

    Section 110 of the Customs Act, 1962: Seizure of Goods

    Section 110 empowers Customs officers to seize goods suspected of being smuggled or violating customs laws.

    Key Provisions

    1. Seizure Authority – Officers may seize goods, documents, or items liable for confiscation.
    2. Time Limits – Goods must be released or confiscation proceedings initiated within the prescribed period.
    3. Special Provisions under Section 110(1A) – Goods specified by notification may be disposed of under special rules.
    4. Disposal of Goods – Perishable, fast depreciating, or valuable goods may be disposed of to prevent loss.

    Section 110A: Provisional Release of Seized Goods

    Section 110A allows provisional release of seized goods, documents, or things subject to:

    • Payment of duty, penalties, or fines
    • Furnishing of security or bond
    • Other conditions imposed by Customs authorities

    This provision helps importers and exporters minimize business disruption during pending proceedings.

    Prohibited Goods under the Customs Act

    Prohibited goods are those whose import or export is banned by law.

    Examples

    • Dangerous drugs
    • Psychotropic substances
    • Certain wildlife products
    • Counterfeit currency
    • Goods banned for environmental or health reasons

    Handling

    • Strict seizure and confiscation
    • Disposal as per Government procedure
    • Swift and secure handling

    Conclusion

    The Customs Act, through Sections 110 and 110A along with various notifications, provides a robust framework for managing perishable, valuable, and prohibited goods.

    It safeguards India’s borders, protects public health and safety, and prevents loss of value of goods in Customs custody.

    Importers, exporters, and Customs officials should remain updated on these provisions to ensure compliance and efficient handling.

    Source: CBIC, Ministry of Finance, Govt. of India

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