CESTAT Case Commentaries

CESTAT's Landmark Decision on Customs Classification of Multi-purpose Support Vessels

Date: Nov 8, 2012

CESTAT's Landmark Decision on Customs Classification of Multi-purpose Support Vessels Introduction The case of Hal Offshore Ltd. v. Commissioner of Customs (Import), Mumbai adjudicated by the...

CESTAT Establishes Flexibility in Conversion of Shipping Bills Under Section 149 of Customs Act, 1962

Date: Sep 14, 2012

CESTAT Establishes Flexibility in Conversion of Shipping Bills Under Section 149 of Customs Act, 1962 Introduction The case of Diamond Engg. (Chennai) P. Ltd. v. Commissioner of Customs,...

CESTAT Validates Proper Utilization of Cenvat Credit through Input Service Distributor: Castrol India Limited v. Commissioner Of Central Excise, Vapi

Date: Sep 11, 2012

CESTAT Validates Proper Utilization of Cenvat Credit through Input Service Distributor: Castrol India Limited v. Commissioner Of Central Excise, Vapi Introduction The case of Castrol India Limited v....

CESTAT Establishes Jurisdictional Parameters for Imported vs. Smuggled Goods in Passenger Baggage under Customs Act

Date: Aug 3, 2012

CESTAT Establishes Jurisdictional Parameters for Imported vs. Smuggled Goods in Passenger Baggage under Customs Act Introduction The case of Shri Prakash Chandra Shantilal v. Cc Ahmedabad adjudicated...

Strict Compliance with Regulatory Timeframes in CHA Licence Suspension: Sharp Logistics Pvt. Ltd. v. Commissioner Of Customs

Date: Jul 28, 2012

Strict Compliance with Regulatory Timeframes in CHA Licence Suspension: Sharp Logistics Pvt. Ltd. v. Commissioner Of Customs Introduction The case of Sharp Logistics Pvt. Ltd. v. Commissioner Of...

Under-Valuation of Imported Goods: Insights from A.G. Incorporation v. Commissioner Of Customs, Delhi

Date: Jun 29, 2012

Under-Valuation of Imported Goods: Insights from A.G. Incorporation v. Commissioner Of Customs, Delhi Introduction The case of A.G. Incorporation v. Commissioner Of Customs, Delhi adjudicated by the...

Enhanced Valuation Methodology for Aluminium Scrap Imports: Commissioner Of Customs v. Bharathi Rubber Lining

Date: Jun 5, 2012

Enhanced Valuation Methodology for Aluminium Scrap Imports: Commissioner Of Customs v. Bharathi Rubber Lining Introduction The case of Commissioner Of Customs (Import), Nhava Sheva v. Bharathi Rubber...

CESTAT Establishes Rigorous Evidentiary Standards for Confirmation of Duty in Clandestine Removal Allegations

Date: May 24, 2012

CESTAT Establishes Rigorous Evidentiary Standards for Confirmation of Duty in Clandestine Removal Allegations Introduction The case of M/S Pan Parag India Ltd. (Formerly M/S Kothari Products Ltd.) v....

Clandestine Clearance and Presumption of Fact: Insights from Commissioner Of Central Excise v. Pithampur Alloys Casting Ltd.

Date: May 16, 2012

Clandestine Clearance and Presumption of Fact: Insights from Commissioner Of Central Excise v. Pithampur Alloys Casting Ltd. 1. Introduction The case of Commissioner Of Central Excise, Indore v. M/S....

Adc India Communications Ltd. v. The Commissioner Of Central Excise Bangalore: Establishing CENVAT Credit Eligibility Criteria

Date: Apr 28, 2012

Adc India Communications Ltd. v. The Commissioner Of Central Excise Bangalore: Establishing CENVAT Credit Eligibility Criteria Introduction The case of Adc India Communications Ltd. (Formerly Known...

Enhancement of Import Restrictions on Secondhand Photocopier Machines: Unitech Enterprises v. Commissioner Of Customs, Chennai

Date: Mar 3, 2012

Enhancement of Import Restrictions on Secondhand Photocopier Machines Unitech Enterprises v. Commissioner Of Customs, Chennai CESTAT Judgment, March 2, 2012 Introduction The case of Unitech...

Ensuring Evidentiary Robustness in Duty Evasion Cases: Kuber Tobacco v. Commissioner of C.EX., Delhi

Date: Feb 4, 2012

Ensuring Evidentiary Robustness in Duty Evasion Cases: Kuber Tobacco v. Commissioner of C.EX., Delhi Introduction The case of Kuber Tobacco Products Ltd. v. Commissioner Of C.EX., Delhi adjudicated...

CESTAT Clarifies Validity of Export Valuation within DEPB Circular Parameters in Colourtex v. Commissioner of Customs

Date: Jan 19, 2012

CESTAT Clarifies Validity of Export Valuation within DEPB Circular Parameters in Colourtex v. Commissioner of Customs Introduction The case of Colourtex v. Commissioner Of Customs, Kandla adjudicated...

CENVAT Credit and Job Work: Analyzing the Federal Mogul Goetze Decision

Date: Jan 13, 2012

CENVAT Credit and Job Work: Analyzing the Federal Mogul Goetze Decision Introduction The Federal Mogul Goetze India Ltd. v. Shri. M. Subramani case, adjudicated by the Central Excise and Service Tax...

Pushpak Metal Corpn. v. Commissioner of Customs: Upholding Transaction Value in Customs Valuation

Date: Nov 25, 2011

Pushpak Metal Corpn. v. Commissioner of Customs: Upholding Transaction Value in Customs Valuation Introduction The case of Pushpak Metal Corpn. v. Commissioner of Customs, Kandla adjudicated by the...

Affirming the Burden of Proof and Evidentiary Standards in Clandestine Removal Cases: Insights from Vishwa Traders Pvt. Ltd. v. Commissioner Of C. Ex., Vadodara

Date: Nov 2, 2011

Affirming the Burden of Proof and Evidentiary Standards in Clandestine Removal Cases: Insights from Vishwa Traders Pvt. Ltd. v. Commissioner Of C. Ex., Vadodara Introduction The case of Vishwa...

CESTAT Establishes Applicability of Rule 5 of Cenvat Credit Rules 2004 to Supplies Made to 100% EOUs: Implications for Cash Refunds

Date: Oct 14, 2011

CESTAT Establishes Applicability of Rule 5 of Cenvat Credit Rules 2004 to Supplies Made to 100% EOUs: Implications for Cash Refunds Introduction The case of Elcomponics Sales Pvt. Ltd. v....

Clarification on Sales Tax Excess and Excise Duty Liability for Public Sector Undertakings: Indian Oil Corporation Ltd. v. Commissioner of Central Excise

Date: Sep 30, 2011

Clarification on Sales Tax Excess and Excise Duty Liability for Public Sector Undertakings Indian Oil Corporation Ltd. v. Commissioner of Central Excise, Ahmedabad Court: Central Excise and Service...

Valuation of Job-Worked Goods: Rolastar Pvt. Ltd. v. Commissioner Of Central Excise, Daman

Date: Sep 30, 2011

Valuation of Job-Worked Goods: Rolastar Pvt. Ltd. v. Commissioner Of Central Excise, Daman Introduction The case of Rolastar Pvt. Ltd. v. Commissioner Of Central Excise, Daman was adjudicated by the...

Clubbing of Separate Legal Entities for Central Excise Duty Rejected: CESTAT's Landmark Decision in Balsara Hygiene Products Ltd. v. Commissioner Of C. Ex., Vapi

Date: Sep 21, 2011

Clubbing of Separate Legal Entities for Central Excise Duty Rejected: CESTAT's Landmark Decision in Balsara Hygiene Products Ltd. v. Commissioner Of C. Ex., Vapi Introduction The case of Balsara...