Customs Authorities have no jurisdiction to initiate the proceedings for violation w.r.t. Foreign Trade/ Exchange

30 ViewsThe CESTAT, Ahmedabad in M/s. Janki Dass Rice Mills v. C.C.-Mundra [Customs Appeal No. 10801 of 2021 & Ors. dated July 7, 2022] set aside the order passed by the Commissioner (Appeals) confirming the confiscation of goods and imposing penalty for alleged violations of the provisions of the Foreign Trade Policy (“FTP”). Held that, […]

No Recovery of Central Excise Duty, Interest, and Penalty without serving of Adjudication Order

17 ViewsThe Hon’ble Calcutta High Court in the matter of M/s Haldia Petrochemicals Limited v. Assistant Commissioner [W.P. A No. 4249 of 2022, dated June 30, 2022] held that no recovery of Central Excise Duty, interest, and penalty can be made without service of adjudication order and directed the Revenue Department to refund the amount […]

Suppression of facts cannot be alleged when the trading activities in form of Balance Sheet are declared

3 ViewsThe Hon’ble Karnataka High Court in Commissioner of Central Tax v. ABB Limited [Central Excise Appeal No.16/2021 dated June 01, 2022] affirmed the order passed by the CESTAT, Bangalore holding that the assessee is not liable to reverse the CENVAT credit availed, on the grounds of absence of suppression of facts. Held that, balance […]

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