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Tag: #TaxLitigations

  • CESTAT Mumbai set aside the revised assessable value

    CESTAT Mumbai set aside the revised assessable value

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 30.09.2025

    CESTAT Mumbai set aside the revised assessable value

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    In a landmark decision, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Mumbai, has set aside the revision of assessable value in the case of Nilkamal Limited. This judgment, delivered on September 29, 2025, highlights critical issues surrounding the valuation of imported goods under the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. The case revolved around the rejection of declared values for imported wooden furniture and sofa sets from Malaysia and China, and the subsequent reassessment by customs authorities. ​

    Background of the Case

    Nilkamal Limited imported consignments of wooden furniture and sofa sets from Malaysia and China between September and November 2012. ​ The customs authorities rejected the declared transaction values, citing lack of comparability with contemporaneous imports. ​ They revised the assessable value using a “price factor” based on the weight of the furniture, which was derived from the unit quantity code (UQC) specified in the Customs Tariff Act, 1975. This reassessment was challenged by Nilkamal Limited, leading to the appeals before the Tribunal.

    Source: CESTAT Mumbai

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  • CESTAT Delhi Ruled on Customs Valuation of Imported Software

    CESTAT Delhi Ruled on Customs Valuation of Imported Software

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 30.09.2025

    CESTAT Delhi Ruled on Customs Valuation of Imported Software

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379. ​

    In a significant judgment, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), New Delhi, has delivered a landmark decision in favor of HCL Technologies Ltd. and SAP India Pvt. Ltd., setting aside penalties and customs duty demands imposed by the Commissioner of Customs (Adjudication), New Delhi. This case, which revolved around the valuation of imported software CDs and the inclusion of license fees in their transaction value, has far-reaching implications for the IT and software industry. ​

    Background of the Case

    The dispute arose when HCL Technologies imported CDs containing SAP software from SAP Germany, facilitated by SAP India. ​ The Directorate of Revenue Intelligence (DRI) alleged that the declared transaction value of the CDs was understated and sought to include the license fees paid by HCL to SAP India in the valuation of the CDs under Rule 9(1)(c) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988. ​ Penalties were also imposed on both HCL and SAP India under Section 112(a) of the Customs Act, 1962.

    Source: CESTAT Delhi

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  • CESTAT Delhi clarified the distinction between stock transfers and inter-State sales

    CESTAT Delhi clarified the distinction between stock transfers and inter-State sales

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 29.09.2025

    CESTAT Delhi clarified the distinction between stock transfers and inter-State sales

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    The Central Sales Tax Appellate Tribunal recently delivered a significant judgment in favor of the Steel Authority of India Ltd. (SAIL) regarding the classification of transactions as stock transfers versus inter-State sales. ​ This decision, pronounced on September 26, 2025, has far-reaching implications for businesses operating across multiple states in India, particularly those in manufacturing and distribution.

    Background of the Case

    The dispute revolved around the movement of goods from SAIL’s Rourkela Steel Plant in Odisha to its branches in other states during the assessment years 1989-1990, 1991-1992, 1992-1993, and 1993-1994. ​ The Odisha Sales Tax Tribunal had earlier classified these transactions as inter-State sales under Section 3(a) of the Central Sales Tax (CST) Act, thereby subjecting them to central sales tax. ​ SAIL contended that these were mere stock transfers to its branches, not sales, and therefore not liable for CST. ​

    Source: CESTAT Delhi

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  • CESTAT Kolkata Sets Aside Customs Duty Demands and Penalties in Plywood Undervaluation Dispute

    CESTAT Kolkata Sets Aside Customs Duty Demands and Penalties in Plywood Undervaluation Dispute

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 29.09.2025

    CESTAT Kolkata Sets Aside Customs Duty Demands and Penalties in Plywood Undervaluation Dispute

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    In a significant ruling, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Eastern Zonal Bench, Kolkata, has delivered a judgment that provides relief to several plywood importers accused of undervaluation and misclassification of imported goods. The case involved M/s. ​ Vivek Ply & Veneers Pvt. ​ Ltd., M/s. Ellena Impex OPC Pvt. ​ Ltd., M/s. Sun Ply Pvt. ​ Ltd., and M/s. Radheysham Co., who challenged the findings of the Directorate of Revenue Intelligence (DRI) and the Principal Commissioner of Customs (Port), Kolkata. ​ The Tribunal’s decision has set a precedent for the admissibility of evidence and the procedural requirements in customs valuation disputes.

    Background of the Case

    The appellants were accused of undervaluing imported plywood from China, leading to alleged evasion of customs duties. ​ The investigation by the DRI relied heavily on 19 proforma invoices recovered from the mobile phone of Director of M/s. ​ Vivek Ply & Veneers Pvt. ​ Ltd. These invoices were used to claim that the appellants had misdeclared the value and description of their imports. ​ The Principal Commissioner of Customs confirmed differential duty demands, imposed penalties, and ordered confiscation of goods.

    Source: CESTAT Kolkata

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  • Madras High Court Grants Provisional Release of Imported Goods

    Madras High Court Grants Provisional Release of Imported Goods

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 29.09.2025

    Madras High Court Grants Provisional Release of Imported Goods

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    The Madurai Bench of the Madras High Court, presided over by Honourable Justice, has delivered a significant order in the case of M/s. ​ Genuine Spices vs. ​ The Commissioner of Customs & Others. ​ The case revolved around the import of goods classified as roasted areca nuts, which were detained by customs authorities on grounds of alleged misdeclaration. ​

    Background of the Case

    M/s. Genuine Spices, represented by its proprietor, had imported goods under Bill of Entry No. ​ 4225311 dated June 28, 2024. ​ The customs authorities refused to clear the goods, claiming that they did not fall under the classification of roasted areca nuts. ​ The petitioner, however, maintained that the goods were indeed roasted areca nuts and challenged the show cause notice issued by the respondents. ​ The petitioner also highlighted the perishable nature of the goods and sought relief from the court to prevent their disposal by customs authorities.

    Source: Madras High Court

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  • CESTAT Delhi- Mushroom Cultivation Equipment Classified as Agricultural Machinery

    CESTAT Delhi- Mushroom Cultivation Equipment Classified as Agricultural Machinery

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 27.09.2025

    CESTAT Delhi- Mushroom Cultivation Equipment Classified as Agricultural Machinery

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    In a significant ruling, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), New Delhi, recently addressed a dispute concerning the classification of imported goods used in mushroom cultivation. ​ The case revolved around whether the imported aluminium shelving, floor drain, and automatic watering system for mushroom growing should be classified under a tariff heading for agricultural machinery or as generic aluminium structures. ​ This decision has far-reaching implications for agricultural businesses and importers of specialized equipment.

    The Case Overview

    The appellant, M/s. Welkin Foods, imported aluminium shelving, floor drains, and automatic watering systems specifically designed for mushroom cultivation. ​ They classified these goods under Customs Tariff Heading (CTH) 84369900, which pertains to agricultural machinery, claiming a β€˜nil rate of duty.’ However, the Customs Department argued that the shelving should be classified under CTH 76109010, which covers generic aluminium structures and attracts higher duties. ​

    The department alleged misclassification, resulting in a shortfall of Rs. ​ 21,01,983 in duty payments. ​ The appellant contested this claim, leading to a legal battle that culminated in the Tribunal’s decision.

    Source: CESTAT Delhi

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  • CESTAT Ahmedabad Upholds SAD Refund Claim of Importer

    CESTAT Ahmedabad Upholds SAD Refund Claim of Importer

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 27.09.2025

    CESTAT Ahmedabad Upholds SAD Refund Claim of Importer

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), West Zonal Bench, Ahmedabad, recently delivered a significant judgment in the case of Sanjay Furniture Palace vs. Commissioner of Customs, Kandla. ​ This decision, pronounced on September 23, 2025, has clarified the applicability of Notification No. ​ 102/2007-Cus dated September 14, 2007, which grants exemption from Special Additional Duty (SAD) on goods imported for subsequent sale. ​

    Background of the Case

    The appellants, Sanjay Furniture Palace and its authorized signatory, had filed refund claims under Notification No. ​ 102/2007-Cus for the 4% SAD paid on imported timber. ​ The refund claims were initially sanctioned but later investigated by the Directorate General of Central Excise Intelligence (DGCEI), which alleged that the appellants had submitted forged invoices and failed to correlate the sales invoices with the Bills of Entry. ​ The Adjudicating Authority and the Commissioner (Appeals) denied the refund claims, citing discrepancies in the documentation and alleged fabrication of invoices.

    Source: CESTAT Ahmedabad

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  • CESTAT Kolkata Overturns License Revocation

    CESTAT Kolkata Overturns License Revocation

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 27.09.2025

    CESTAT Kolkata Overturns License Revocation

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    In a landmark decision, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Eastern Zonal Bench, Kolkata, has delivered justice to M/s. Auro Logistix, a Customs Broker (CB), by setting aside the revocation of their license, forfeiture of pre-deposit, and imposition of penalties. This decision, pronounced on September 26, 2025, marks a significant moment for Customs Brokers across the country, reinforcing the importance of due process and fair adjudication.

    Background of the Case

    The appeals filed by M/s. Auro Logistix stemmed from two separate orders passed by the Commissioner of Customs (Airport & ACC), Kolkata. ​ These orders alleged violations of the Customs Brokers Licensing Regulations (CBLR), 2018, and accused the CB of failing to perform due diligence in facilitating export consignments for two exportersβ€”M/s. ​ K.S. Impex and M/s. ​ Ankraj Developers Pvt. ​ Ltd. The allegations primarily revolved around overvaluation of export goods, misuse of GST input tax credit (ITC), and procedural lapses. ​

    The Commissioner had revoked the CB license, forfeited the security deposit, and imposed penalties of Rs. ​ 50,000 in each case. ​ However, M/s. Auro Logistix challenged these orders, asserting that they had complied with all regulations and were not responsible for the alleged violations committed by the exporters.

    Source: CESTAT Kolkata

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  • CESTAT Allahabad Sets Aside Confiscation and Penalty on Dry Dates

    CESTAT Allahabad Sets Aside Confiscation and Penalty on Dry Dates

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 26.09.2025

    CESTAT Allahabad Sets Aside Confiscation and Penalty on Dry Dates

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    In a significant judgment, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Allahabad, has ruled in favor of M/s Nitin Trading Company, Lucknow, in a case involving the alleged illegal import of 2100 kg of Dry Dates. ​ The Tribunal has set aside the confiscation of goods, redemption fine, and penalties imposed under the Customs Act, 1962, bringing relief to the appellant.

    Background of the Case ​

    The case originated from a search conducted by Customs (Preventive) Commissionerate, Lucknow, at the premises of M/s Chandra Cold Storage on November 18, 2019. ​ During the search, 42 bags of Dry Dates weighing 2100 kg were found and detained under Section 110 of the Customs Act, 1962. ​ The goods were suspected to be of foreign origin and allegedly imported illegally, leading to their seizure and subsequent issuance of a Show Cause Notice (SCN) proposing confiscation and penalties.

    The Order-in-Original dated November 18, 2021, confirmed the confiscation of the goods under Section 111(b) of the Customs Act, 1962, and imposed penalties on multiple parties, including M/s Nitin Trading Company. The appellant challenged this decision before the Commissioner (Appeals), who upheld the original order. ​ Dissatisfied, M/s Nitin Trading Company approached the Tribunal.

    Source: CESTAT Allahabad

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  • CESTAT Chennai Upholds Interest on Delayed SAD Refunds

    CESTAT Chennai Upholds Interest on Delayed SAD Refunds

    ALO Law Office- IDT Tax I Arbitration I Litigation

    Date: 26.09.2025

    CESTAT Chennai Upholds Interest on Delayed SAD Refunds

    This Article has been written by Shri Ravi Shekhar Jha, Advocate based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.

    In a significant ruling, the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Chennai, has dismissed the appeal filed by the Commissioner of Customs, Chennai Commissionerate-IV, against M/s HLG Trading. ​ This decision reinforces the entitlement of importers to interest on delayed refunds under Section 27A of the Customs Act, 1962, even in cases governed by exemption notifications like Notification No. ​ 102/2007-Cus.

    Background of the Case

    The dispute arose when M/s HLG Trading sought refunds of additional duty of customs under Section 3(5) of the Customs Tariff Act, 1975, along with interest for the delay in processing the refunds. ​ While the refund amounts were sanctioned by the Assistant Commissioner (Refunds), the claim for interest was rejected, citing that the refund scheme under Notification No. 102/2007-Cus was not governed by Section 27 or Section 27A of the Customs Act, 1962. ​

    Aggrieved by this rejection, M/s HLG Trading approached the Commissioner (Appeals), who ruled in their favor, directing the lower adjudicating authority to calculate and sanction interest. The Department, dissatisfied with this decision, escalated the matter to CESTAT Chennai.

    Source: CESTAT Chennai

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