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Tag: #IndirectTaxLitigations

  • 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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  • Bombay High Court Quashing of Show-Cause Notices Against Foreign Exporters for Pre-2018 Transactions

    Bombay High Court Quashing of Show-Cause Notices Against Foreign Exporters for Pre-2018 Transactions

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

    Date: 29.04.2026

    Bombay High Court Quashing of Show-Cause Notices Against Foreign Exporters for Pre-2018 Transactions

    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 Bombay High Court recently addressed a pivotal legal issue concerning the jurisdiction of Indian customs authorities to issue show-cause notices and impose penalties on foreign exporters for alleged customs violations. This article provides a comprehensive overview of the judgment, its context, and its implications for international trade and customs enforcement in India.

    Background of the Case

    Three writ petitions were filed by Karl Mayer STOLL Textilmaschinenfabrik GmbH (a German company) and its Indian subsidiary, challenging show-cause notices issued by Indian customs authorities. The notices alleged that the foreign exporter had aided Indian importers in mis-declaring imported textile machinery, thereby evading customs duties and claiming unwarranted exemptions.

    Key Facts

    1. ForeignExporter: Karl Mayer STOLL Textilmaschinenfabrik GmbH, based in Germany, sold warp knitting machines to Indian importers between June 2014 and May 2017.
    2. IndianSubsidiary: Karl Mayer India Private Limited provided technical support but was not involved in the import transactions.
    3. Allegations: Indian importers allegedly mis-declared the machines to claim duty exemptions. The Directorate of Revenue Intelligence (DRI) initiated investigations and issued show-cause notices to both the importers and the foreign exporter.
    4. LegalChallenge: The petitioners argued that Indian customs authorities lacked jurisdiction to penalize a foreign entity for actions occurring outside India, especially for transactions prior to the 2018 amendment to the Customs Act.

    Legal Issues Examined

    1. Jurisdiction Under the Customs Act, 1962

    • Prior to the Finance Act, 2018, the Customs Act did not confer extraterritorial jurisdiction on Indian authorities.
    • The 2018 amendment (effective from 29 March 2018) expanded the Act’s reach to offenses committed outside India, but only prospectively.
    • The court emphasized that penal statutes must be interpreted strictly and cannot be applied retrospectively unless expressly stated.

    2. Constitutional Safeguards

    • Article 20(1) of the Indian Constitution prohibits penal action under ex post facto laws.
    • The court held that applying the amended Customs Act retrospectively would violate this constitutional protection.

    3. Responsibility for Customs Compliance

    • The Act places the primary responsibility for correct declaration and duty payment on the importer, not the foreign exporter.
    • Sections 17, 46, and 111(m) of the Act outline the importer’s obligations regarding self-assessment, declaration, and potential confiscation for mis-declaration.

    4. Precedent and Judicial Discipline

    • The Department relied on a single-member CESTAT decision (Prerna Singh v. Commissioner of Customs) to justify its actions.
    • The court clarified that division bench decisions (e.g., Ankur Agarwal v. Principal Commissioner) are binding and have established that the 2018 amendment is not retrospective.

    Court’s Findings and Decision

    1. NoJurisdictionforPre-2018Transactions: The court found that Indian customs authorities lacked jurisdiction to penalize the foreign exporter for transactions before the 2018 amendment.
    2. NoEvidenceofAbetment: The Department failed to provide material evidence that the foreign exporter actively aided or abetted the alleged mis-declaration.
    3. Importer’sLiability: The responsibility for customs compliance rests with the importer; the foreign exporter’s role ends upon shipment.
    4. QuashingofShow-CauseNotices: The court quashed the impugned show-cause notices and any related recovery actions against the petitioners.

    Implications for International Trade

    • LegalCertainty: Foreign exporters are not liable for customs violations committed by Indian importers prior to the 2018 amendment.
    • Importer’sResponsibility: Importers must ensure accurate declarations and compliance with customs laws.
    • StrictInterpretationofPenalStatutes: Authorities cannot retrospectively apply penal provisions unless expressly permitted by law.
    • JudicialDiscipline: Administrative authorities must follow binding precedents and cannot selectively rely on non-binding decisions.

    Conclusion

    The Bombay High Court’s judgment reinforces the principle that jurisdictional authority must be clearly defined by statute and cannot be assumed by implication. It provides clarity for foreign exporters and Indian importers regarding their respective liabilities under customs law, especially in the context of extraterritorial enforcement.

    This decision is a significant milestone in safeguarding due process and constitutional rights in cross-border trade disputes.

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    Source: Bombay High Court

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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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  • CESTAT Chennai Clarifying Third-Party Export Obligations Under EPCG Scheme

    CESTAT Chennai Clarifying Third-Party Export Obligations Under EPCG Scheme

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

    Date: 28.04.2026

    CESTAT Chennai Clarifying Third-Party Export Obligations Under EPCG Scheme

    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 and Service Tax Appellate Tribunal (CESTAT), Chennai, recently delivered a significant judgment in the case of M/s. Sree Koppammal Cotton Spinning Mills Pvt. Ltd. versus the Commissioner of Customs, Tuticorin.

    The matter revolved around alleged fraudulent fulfillment of export obligations under the Export Promotion Capital Goods (EPCG) Scheme and the subsequent denial of customs duty exemptions.

    Background of the Dispute

    1. EPCG Scheme and Imports

    • The Appellant imported capital goods under four EPCG licenses, availing concessional customs duty under Notification No. 97/2004-Cus dated 17.09.2004.
    • Total value of imported capital goods was Rs. 5,38,31,103.
    • Duty foregone amounted to Rs. 1,42,41,266.
    • Export obligation was Rs. 11,39,30,128.

    2. Allegations and Investigation

    • The Directorate of Revenue Intelligence (DRI) alleged that the Appellant fraudulently obtained Export Obligation Discharge Certificates (EODCs) by using shipping bills of unrelated third-party exporters and false certificates.
    • It was alleged that the Appellant had no commercial relationship with those exporters.

    3. Show Cause Notice and Adjudication

    • A show cause notice proposed rejection of EODCs, denial of concessional duty, recovery of differential duty, confiscation, and penalties.
    • The Commissioner of Customs upheld the proposals, leading to appeal before CESTAT.

    Key Legal Issues

    • Whether the Appellant fulfilled export obligations under the EPCG Scheme.
    • Whether Customs authorities could deny exemption after DGFT restored the EODCs.

    Arguments Presented

    Appellant’s Contentions

    Compliance with Policy

    • Capital goods were properly imported and installed.
    • Export obligations were fulfilled through third-party exports as permitted under the Foreign Trade Policy (FTP) and Handbook of Procedures (HBP).

    DGFT’s Final Authority

    • DGFT restored the EODCs after due process.
    • Customs authorities cannot override DGFT’s decision regarding export obligations.

    No Revenue Loss or Double Benefit

    • Disclaimer certificates were issued by third-party exporters.
    • No double benefit was availed.

    Department’s Contentions

    Fraudulent Documentation

    • Shipping bills were allegedly purchased from unrelated exporters.

    Violation of Policy

    • Exported goods were allegedly not manufactured using imported capital goods.

    Independent Jurisdiction

    • Customs argued they could independently proceed where fraud is alleged.

    Tribunal’s Analysis and Findings

    Interpretation of Policy and Notification

    • Relevant Customs notifications and FTP permitted third-party exports if shipping bills mentioned both the license holder and third-party exporter.

    DGFT’s Restoration of EODCs

    • DGFT, being the competent authority, restored the EODCs after due process.
    • Later policy changes could not apply retrospectively.

    No Evidence of Double Benefit or Revenue Loss

    • No evidence of double benefit or revenue loss was found.

    Legal Certainty

    • Customs cannot deny exemption once DGFT has accepted fulfillment of export obligations unless DGFT’s order is set aside.

    Final Order and Impact

    • The Tribunal set aside the demand and penalties regarding two EPCG licenses (Nos. 3530002103 & 3530002105).
    • Consequential relief was granted to the Appellant.
    • The ruling emphasizes clear separation of powers between DGFT and Customs.

    Conclusion

    This CESTAT Chennai decision clarifies the interplay between DGFT and Customs authorities in EPCG matters, especially concerning third-party exports.

    It underscores the importance of due process and respecting the finality of DGFT decisions, providing certainty to exporters operating under the EPCG Scheme.

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    Source: CESTAT Chennai

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  • CESTAT Kolkata Sets Aside Customs Duty Demands: Rapeseed Oil Imports from Bangladesh Upheld Under SAFTA Exemption

    CESTAT Kolkata Sets Aside Customs Duty Demands: Rapeseed Oil Imports from Bangladesh Upheld Under SAFTA Exemption

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

    Date: 28.04.2026

    CESTAT Kolkata Sets Aside Customs Duty Demands: Rapeseed Oil Imports from Bangladesh Upheld Under SAFTA Exemption

    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, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata delivered a landmark judgment on April 27, 2026, concerning the import of crude rapeseed/mustard oils from Bangladesh under the South Asian Free Trade Area (SAFTA) Agreement.

    Multiple appeals were filed by importers and their directors challenging the denial of customs duty exemption based on the authenticity of Certificates of Origin and the classification of the imported oils.

    Background

    • Importers Involved: Aone Agro Products Pvt. Ltd., Sowallow Enterprises, Bengani Commodities Pvt. Ltd., V.K. Oils Ltd., and their directors.
    • Period of Dispute: Imports occurred between December 2019 and February 2020.
    • SAFTA Benefit: Importers claimed customs duty exemption under SAFTA supported by Certificates of Origin issued by Bangladeshi authorities.
    • Revenue’s Allegation: The Directorate of Revenue Intelligence (DRI) argued that the imported oils had less than 2% Erucic Acid, classifying them as Low Erucic Acid Rapeseed (LEAR) or Canola Oil, and contended that Bangladesh lacked the capability to produce such rapeseed.

    Key Legal and Procedural Issues

    1. Authenticity of Certificates of Origin

    • Indian authorities sought verification from Bangladesh, which confirmed the certificates and local origin of the rapeseed.
    • CESTAT held that unless a certificate is cancelled or proven fraudulent, Indian Customs cannot unilaterally reject it.

    2. Sample Testing and Classification

    • At import, samples were tested by CRCL, with results showing both above and below 2% Erucic Acid.
    • DRI selectively retested a few samples and attempted to apply those findings to all consignments.
    • The Tribunal held such extrapolation legally unsustainable.

    3. Procedural and Legal Compliance

    • All documents, including lab reports and certificates, were submitted at the time of import.
    • No suppression or fraudulent conduct by importers was established.
    • Extended limitation for Show Cause Notices was held time-barred.

    4. Impact of Legal Amendments

    • Section 28DA of the Customs Act came into force after the imports in question and had no retrospective application.

    Tribunal’s Findings

    The Tribunal set aside all demands, interest, and penalties imposed by Customs and granted consequential relief to the importers.

    It reaffirmed that:

    1. Verified Certificates of Origin are conclusive unless cancelled.
    2. Selective sample testing cannot determine liability for all consignments.
    3. No suppression or fraud was proved.
    4. Proceedings were time-barred.

    Broader Implications

    • Reinforces the sanctity of Certificates of Origin under trade agreements.
    • Clarifies limits of Customs reassessment powers.
    • Protects importers’ rights through procedural fairness.

    Conclusion

    The CESTAT Kolkata decision is a landmark ruling for importers seeking preferential duty benefits under SAFTA and similar agreements. It highlights the importance of documentary evidence, procedural integrity, and respect for international certification processes.

    Source: CESTAT Kolkata

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  • CESTAT Bangalore Clarifies Classification of Imported Gold Chains

    CESTAT Bangalore Clarifies Classification of Imported Gold Chains

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

    Date: 28.04.2026

    CESTAT Bangalore Clarifies Classification of Imported Gold Chains

    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 the classification and clearance of imported gold jewellery, specifically gold chains in running lengths.

    The dispute centered on whether these goods should be classified as finished jewellery or as semi-manufactured gold, impacting customs duties, penalties, and the right to re-export.

    Case Background

    M/s Ram Aabhoshan, a registered proprietary firm from Agra, imported assorted 22K gold jewellery from Indonesia, declaring the goods under Customs Tariff Item (CTI) 7113 1990, which covers articles of jewellery and parts thereof, of precious metal.

    The firm claimed exemption from basic customs duty under a Free Trade Agreement (FTA) notification and paid IGST at 3%.

    However, customs authorities withheld clearance, questioning the classification and suggesting that the goods were semi-manufactured gold, not finished jewellery.

    The goods were examined by the Jewellers’ Association, which confirmed their weight, purity, and value. Despite this, a show cause notice was issued proposing reclassification under CTI 7108 1300 (gold in other semi-manufactured forms), confiscation, and penalties.

    Key Legal Issues

    1. Classification of Goods

    • The primary issue was whether gold chains in running lengths, which require cutting and addition of hooks, are finished jewellery (CTI 7113 1990) or semi-manufactured gold (CTI 7108 1300).
    • Customs authorities argued that the chains were unfinished and not ready-to-use jewellery.
    • The appellant contended that mere cutting and adding hooks does not change the essential character of the product. The chains are intended for personal adornment and therefore qualify as jewellery.

    2. Confiscation and Penalties

    • Customs authorities imposed redemption fine and penalty, alleging improper import and misclassification.
    • The appellant argued that the goods were freely importable, properly declared, and that the dispute concerned only classification, not misdeclaration or prohibited import.

    Tribunal’s Analysis and Findings

    Interpretation of Customs Tariff Act and HSN

    • The Tribunal referred to Chapter Note 9(a) of Chapter 71, which defines articles of jewellery as small objects of personal adornment, including necklaces and chains.
    • Rule 2(a) of the General Rules of Interpretation (GRI) states that incomplete or unfinished articles having the essential character of the finished article should be classified as finished goods.
    • The Tribunal found that gold chains in running lengths, requiring only cutting and hooks, possess the essential character of finished jewellery.

    Precedents and Case Law

    • The Tribunal cited Supreme Court and High Court decisions affirming that mere cutting or slitting does not constitute manufacture or alter the product’s essential character.

    Customs Policy and Import Restrictions

    • The Tribunal clarified that restrictions on gold imports by nominated agencies apply only to gold used as input for manufacturing, not to finished jewellery.

    Confiscation and Penalty

    • Since the goods were properly declared and the dispute related only to classification, confiscation and penalties were held to be unsustainable.

    Final Order and Implications

    • The Tribunal set aside the reclassification, redemption fine, and penalty.
    • It confirmed that the imported gold chains are rightly classifiable under CTI 7113 1990 as jewellery.
    • The order provides relief to the appellant and sets a precedent for similar cases involving classification of jewellery versus semi-manufactured gold.

    Practical Takeaways for Importers

    1. Accurate Classification

    Importers should ensure goods are classified based on their essential character and intended use, with reference to relevant chapter notes and GRI rules.

    2. Documentation

    Certificates of origin, examination reports, and clear declarations are crucial in defending classification and avoiding penalties.

    3. Legal Precedents

    Familiarity with relevant case law can strengthen arguments in disputes relating to classification and manufacturing processes.

    Conclusion

    The Ram Aabhoshan CESTAT Bangalore order underscores the importance of proper classification of imported gold jewellery and clarifies the legal standards for distinguishing finished articles from semi-manufactured forms. Importers can rely on this precedent to navigate customs disputes and ensure compliance with tariff regulations.

    Source: CESTAT Bangalore

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