ALO Law Office- IDT Tax I Arbitration I Litigation
Date: 11.08.2025
CESTAT Kolkata- Under Valuation and Confiscation set aside as it was legally unsustainable
In a significant ruling, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Eastern Zonal Bench, Kolkata, has set aside demands for differential customs duty, penalties, and confiscation orders against M/s. Gemini Metal Corporation and Appellant. This decision, pronounced on August 7, 2025, highlights the importance of procedural compliance and evidentiary standards in customs investigations.
Background of the Case
The case revolved around allegations of undervaluation of imported goods—Cold Rolled Stainless Steel Coils—by M/s. Gemini Metal Corporation (Appellant 1). The Directorate of Revenue Intelligence (DRI) claimed that invoices retrieved from the mobile phone of Mr. Deepak Jindal (Appellant 2) indicated higher import values than those declared by Appellant 1. Based on these invoices, the authorities demanded differential customs duty of Rs. 2.45 crore, along with interest and penalties, and imposed penalties on Mr. Jindal under Section 112(b) of the Customs Act, 1962.
This Article has been written by Shri Ravi Shekhar Jha, Advocate Delhi High Court based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.
Source: CESTAT Kolkata
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