Tag: #CESTATBangalore

  • CESTAT Bangalore Upholds Correct Classification of imported Aircraft Parts

    CESTAT Bangalore Upholds Correct Classification of imported Aircraft Parts

    Date: 15.09.2025

    In a significant ruling, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, has delivered a judgment that reinforces the principles of classification under the Customs Tariff Act. The case, involving M/s. Dynamatic Technologies Limited, revolved around the classification of imported products used in aircraft. ​ The Tribunal’s decision not only provides clarity on the interpretation of Section XVII of the Customs Tariff but also sets a precedent for similar disputes in the future.

    M/s. Dynamatic Technologies Limited had imported various products, including Aluminium Bushes Flanges, Aluminium Fittings, Bolts, and Grommets, claiming classification under Customs Tariff Heading (CTH) 8803 9000, which pertains to aircraft parts. ​ The Revenue, however, reclassified these items under different headings such as CTH 7616 9990, 7318 1500, 7320 9090, 8108 9090, and 8207 9090, asserting that they were general articles of iron, steel, and aluminum. ​ This reclassification led to a demand of Rs. ​ 2,05,53,718/- along with interest and penalties under the Customs Act, 1962. ​

    Aggrieved by the order, the appellant approached the Tribunal, arguing that the products were specifically designed for use in aircraft and should be classified under CTH 8803.

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  • CESTAT Bangalore- ATM Monitors Classifiable as Parts Under CTH 8473

    CESTAT Bangalore- ATM Monitors Classifiable as Parts Under CTH 8473

    Date: 03.09.2025

    In a significant decision by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, the appeal filed by M/s NCR Corporation India Pvt. ​ Ltd. was allowed, setting aside the earlier classification of ATM monitors under CTH 8528. ​ This ruling reaffirms the importance of accurate classification of imported goods under the Customs Tariff Act, ensuring compliance with established legal precedents. ​

    The dispute arose when NCR Corporation imported monitors intended for use in Automatic Teller Machines (ATMs) and declared them as LCD assemblies for ATMs under Customs Tariff Heading (CTH) 8473, which covers parts and accessories of machines classified under CTH 8472. ​ However, the revenue authorities argued that these monitors should be classified under CTH 8528, which pertains to monitors and projectors not incorporating television reception apparatus. ​

    Aggrieved by the revenue’s decision, NCR Corporation filed an appeal before the CESTAT, citing legal precedents and technical grounds to support their claim.

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  • CESTAT Bangalore Clarifies that physical verification of the exporter’s premises is not mandatory​

    CESTAT Bangalore Clarifies that physical verification of the exporter’s premises is not mandatory​

    Date: 30.08.2025

    In a significant ruling, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, has set aside a penalty of Rs. ​ 50,000 imposed on M/s. ​ Chakiat Agencies, a Customs Broker, under Regulation 18 of the Customs Broker Licensing Regulation (CBLR), 2013. ​ This decision, delivered on August 28, 2025, highlights the importance of procedural compliance and the interpretation of regulatory requirements in the customs brokerage industry.

    M/s. Chakiat Agencies, a Customs Broker licensed by the Custom House, Chennai, was issued a show-cause notice alleging non-compliance with Regulations 11(a), 11(n), and 17(9) of CBLR, 2013. ​ The allegations stemmed from their handling of shipping bills for M/s. ​ Logo Trading through ICD, Bangalore. ​ The primary contention was that the broker failed to physically verify the existence of the exporter at the declared premises, which was deemed a violation of Regulation 11(n). ​ Consequently, the Commissioner of Customs, Cochin, imposed a penalty of Rs. ​ 50,000 under Regulation 18 of CBLR, 2013.

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  • CESTAT Bangalore Sets Aside Penalty Under Section 117​

    CESTAT Bangalore Sets Aside Penalty Under Section 117​

    Date: 27.08.2025

    In a significant ruling, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, has set aside a penalty imposed under Section 117 of the Customs Act, 1962, on M/s. ​ Nippon Express (India) Private Limited. ​ This decision underscores the importance of adhering to the principles of natural justice and the scope of show-cause notices in adjudication proceedings. ​

    The case arose from an appeal filed by M/s. Nippon Express (India) Private Limited against the imposition of a penalty of Rs. ​ 2,000 under Section 117 of the Customs Act, 1962. ​ The penalty was imposed by the Commissioner of Customs (Appeals), Bangalore, through Order-in-Appeal No. ​ 791/2022 dated 23.03.2022. ​ The appellant contended that the penalty was imposed without prior notice or an opportunity to contest the proposal, violating the principles of natural justice. ​

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  • CESTAT Bangalore Upholds ISO Standards in Newsprint Classification

    CESTAT Bangalore Upholds ISO Standards in Newsprint Classification

    Date: 23.07.2025

    In a landmark ruling that reinforces the importance of adhering to international testing standards in customs classification, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, in Final Order No. 21063/2025, allowed the appeal of M/s. Malayala Manorama Co. Ltd., setting aside a duty demand of β‚Ή30.44 lakhs on imported newsprint.

    The dispute arose from the import of 243.83 metric tonnes of paper in reels by Malayala Manorama under Bill of Entry No. 100946 dated 18.05.1999, declaring the goods as β€œNewsprint” falling under Customs Tariff Heading (CTH) 4801.80, which attracted concessional or nil rate of duty.

    Customs authorities initially allowed clearance on a provisional basis. However, laboratory testing later indicated that the mechanical wood pulp (MWP) content in the imported paper was less than 65%, disqualifying it as “newsprint” under Chapter Note 3 to Chapter 48 of the Customs Tariff Act. Consequently, the goods were reclassified under CTH 480260/480290, and a differential duty of β‚Ή30.44 lakhs was demanded.

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  • CESTAT Bangalore Clarifies Travertine Classification and Upholds Exemption for Marble Slabs

    CESTAT Bangalore Clarifies Travertine Classification and Upholds Exemption for Marble Slabs

    Date: 19.07.2025

    The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, in Final Order Nos. 21002-21004/2025 dated 15.07.2025, held that Travertineβ€”a calcareous stoneβ€”is a variety of Marble, and therefore eligible for the concessional Central Excise duty (CVD) benefit under Sl. No. 54 of Notification No. 12/2012-CE dated 17.03.2012. This decision sets aside duty demands and penalties imposed on M/s Marble Centre International Pvt. Ltd. and its Executive Director.

    • The appellant imported Honed/Semi-Polished Marble Slabs including Travertino Titanium, Travertine Extence, Silver Beige, etc., and classified them under CTH 68022190.
    • The customs authority denied them the benefit of reduced CVD @ Rs. 60 per sq. metre under Notification No. 12/2012-CE, arguing that Travertine is not marble.
    • Demand notices for differential duty amounting to over β‚Ή1.24 crore, along with interest and personal penalties, were issued.

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  • CESTAT Bangalore Allows Conversion of Free Shipping Bills to Drawback Bills

    CESTAT Bangalore Allows Conversion of Free Shipping Bills to Drawback Bills

    Date: 17.07.2025

    In a major relief to exporters affected by the early days of the GST transition, the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Bangalore has allowed conversion of free shipping bills into drawback shipping bills filed by M/s Nitta Gelatin India Ltd., setting aside the rejection order passed by the Commissioner of Customs, Cochin.

    • Exports Made: Between 25.07.2017 and 04.08.2017
    • Products: Gelatin, Chitosan, and Ossein
    • Issue: The exporter filed free shipping bills without claiming duty drawback, but later requested conversion to All Industry Rate (AIR) drawback shipping bills.
    • Request Date: 23.08.2017 β€” within a month from export
    • Grounds: Circular No. 22/2017-Cus. dated 30.06.2017 allowed exporters to claim drawback during GST transition period (01.07.2017 – 30.09.2017)

    However, the Commissioner rejected the request, citing non-compliance with Rule 12(1)(a) of the Drawback Rules, 1995, and held that the reasons were not “beyond the control” of the exporter.

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  • CESTAT Bangalore Upholds Duty Exemption for Phoenix Medicare

    CESTAT Bangalore Upholds Duty Exemption for Phoenix Medicare

    Date: 08.07.2025

    Phoenix Medicare Pvt. Ltd. imported autosuture surgical tools such as staplers, trocars, and protak devices, classifying them under CTH 9018 9099 and claimed concessional duty benefits under:

    • Notification No. 21/2002-Cus. dated 01.03.2002 (Sl. No. 82, List 37)
    • Notification No. 6/2006-CE dated 01.03.2006 (Sl. No. 61(b))

    The assessing officer denied the exemption, contending that the goods were surgical toolsβ€”not accessoriesβ€”and hence were not covered under the relevant notifications.

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  • CESTAT Bangalore- No DGCA Clearance Needed for Toy-Grade UAVs

    CESTAT Bangalore- No DGCA Clearance Needed for Toy-Grade UAVs

    Date: 28.06.2025

    The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore, vide Final Order No. 20876/2025 dated 25.06.2025, allowed the appeal filed by M/s. Creative Education, setting aside the confiscation and penalty imposed on the import of quadcopter drones classified under Chapter Heading (CH) 9503 as toys.

    M/s. Creative Education had imported RC quadcopter drones with cameras, and the consignment was classified under CH 9503 00 30 as plastic recreational articles. The Customs authorities, however, invoked Public Notice dated 07.10.2014 issued by DGCA and Notification No. 16/2015-20 dated 27.07.2016, to treat the goods as restricted items under CH 8806, requiring DGCA clearance. As a result, the goods were confiscated under Section 111(d) of the Customs Act, 1962, and a penalty of β‚Ή3,00,000 was levied under Section 112(a).

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  • CESTAT Bangalore Quashes Anti-Dumping Duty on CD-R Imports

    CESTAT Bangalore Quashes Anti-Dumping Duty on CD-R Imports

    Date: 27.06.2025

    The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore, has quashed the anti-dumping duty demand raised against Hi-Tech Computers, Hubli, on the import of CD-Rs from China. This decision aligns with the landmark Supreme Court ruling in Commissioner of Customs, Bangalore vs. G.M. Exports, reinforcing the legal position that anti-dumping duty cannot be imposed during the interregnum between expiry of provisional duty and the issuance of final duty notification.

    Hi-Tech Computers had imported Compact Disc – Recordable (CD-Rs) of Carbon brand from China on 24.04.2007. These imports were deemed liable for anti-dumping duty under Notification No. 105/2006-Cus dated 06.10.2006.

    Subsequently, the customs department confirmed a duty liability of β‚Ή6,64,208 along with applicable interest under Section 18(2)(a) and 18(3) of the Customs Act, 1962. The Commissioner (Appeals) upheld the original order by citing both Notification No. 105/2006 and the final Notification No. 78/2007 dated 29.06.2007, applying the anti-dumping duty retrospectively.

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