News Bulletinby Kanishka
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Customs tribunal partly allows appeal, reduces redemption fine for import of restricted used jute bags.
This case involves an appeal filed by M/s. Vinayaga Traders against an order by the Commissioner of Customs (Appeals), Chennai, regarding the import of used jute bags. The Customs authorities had rejected the declared value of the goods, re-determined the value, and ordered confiscation of the goods along with a redemption fine and penalty for importing restricted goods.
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CII wins case, modular employment scheme deemed outside service tax ambit.
The Confederation of Indian Industry (CII) appealed against an order demanding service tax on various services, including convention services, business exhibition services, and the modular employment scheme. The CESTAT Chandigarh allowed CII's appeal, ruling that the modular employment scheme is a vocational training program exempt from service tax, and that the convention services provided by CII were not taxable as they were open to the general ...
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Court remands case back to Commissioner for decision on merits after finding delay in filing appeal should have been condoned.
This case involves an appeal filed by the appellant against an order passed by the Commissioner (Appeals) rejecting their appeal on the grounds of limitation. The Commissioner had dismissed the appellant's application for condonation of delay in filing the appeal. The court found that the Commissioner erred in not condoning the delay and has remanded the matter back for a decision on merits.
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Sub-contractor not liable for service tax if main contractor paid tax on full contract value during 2008-2012.
The case involved an appellant who provided services as a sub-contractor to main contractors during 2008-2012. The appellant did not pay service tax, believing the main contractors had discharged the tax liability on the full contract value. The court ruled that the extended period demand for service tax on the appellant cannot be sustained due to ambiguity in the law during that period.
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Customs appeal dismissed as time-barred; delay beyond 30 days after statutory period cannot be condoned.
This case deals with an appeal filed against an order of the Commissioner (Appeals) Customs, GST & Central Excise, Lucknow, dismissing the appellant's appeal as time-barred. The Commissioner (Appeals) held that the appeal was filed after the statutory period of 60 days plus the additional 30 days allowed for condonation of delay under the Customs Act, 1962. The appellant challenged this decision before the Customs, Excise and Service Tax Appellat ...
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Service Tax Appeal Dismissed as Time-Barred, Court Upholds Strict Adherence to Statutory Limitation Period.
This case involves an appeal against an order passed by the Commissioner (Appeals) Customs, Central Excise & Service Tax, Lucknow, dismissing the appellant's appeal as time-barred. The Commissioner (Appeals) held that the appeal was filed after more than a year from the date of receipt of the original order, exceeding the statutory limitation period prescribed under Section 85(3A) of the Finance Act, 1994.
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SEBI’s Structure Digital Database (SDD) Regulations: Key Aspects and Compliance Requirements
This article provides an in-depth analysis of the pivotal aspects of SEBI’s Structure Digital Database (SDD) regulations, as mandated by the SEBI (Prohibition of Insider of Trading Regulation) Rules, 2018 (PIT Regulations). It delves into the requirements, compliance deadlines, and submission procedures for entities dealing with Unpublished Price Sensitive Information (UPSI).
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Customs Corruption Exposed: Superintendent Accused of Extortion Racket
In a shocking revelation, a Customs Superintendent stationed at the Kakrahwa Border in Siddharthnagar, Uttar Pradesh, has been accused of running an extortion racket. The official, identified as Pramod Tiwari, allegedly demanded a monthly bribe of Rs. 5,000 per vehicle from a local businessman engaged in the supply of chickens. The Central Bureau of Investigation (CBI) has registered an FIR against Tiwari under Section 7 of the Prevention of Corr ...
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4 year imprisonment for 4 involved in facilitating the clearance of a seized consignment
In a landmark case, a former Deputy Commissioner of Customs and three others were convicted and sentenced to four years in prison by a CBI court in Ghaziabad. The case dates back to 2013 when the ex-customs officer demanded a bribe of Rs. 5 lakh from a private company to facilitate the clearance of a seized consignment. The CBI conducted a trap operation, apprehending the individuals involved, and the court imposed a fine of Rs. 8 lakh on each of ...
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Ex-Customs Official and Wife Face Imprisonment in Disproportionate Assets Case
Varinder Prabhakar, a former Assistant Commissioner of Customs at the Inland Container Depot in Ludhiana, and his wife, Shashi Prabhakar, have been sentenced to rigorous imprisonment and fined after a Central Bureau of Investigation probe revealed assets disproportionate to their known income. The investigation, which spanned from 1974 to 2006, uncovered evidence of misuse of official position for personal gain. The court's decision to also order ...
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Customs Corruption Crackdown: Senior Official, Aide Nabbed in Bribery Sting at Mundra Port, Gujarat.
In a significant blow against corruption within the customs department, the Central Bureau of Investigation (CBI) has apprehended a former Inspector and Dock Examiner at Mundra Port, Gujarat, who currently holds the position of Superintendent of Customs in Jamnagar. Additionally, a private individual facilitating the corrupt transaction was also arrested. The arrests followed a meticulously planned operation in response to allegations that the fo ...
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Former Superintendent of Central Excise & Customs Sentenced to 5 year Rigorous Imprisonment and Fined Rs. 20,00,000.
In a resounding victory against corruption, a former Superintendent of the Central Excise & Customs (Preventive Branch) at the Daman Commissionerate, Vapi, Gujarat, has been handed a significant sentence. Shri Fauza Singh Pandher was found guilty of possessing disproportionate assets amounting to Rs. 13,59,127 (261% above his known income) between January 1, 2000, and May 3, 2005. After a meticulous investigation and legal proceedings, the Specia ...
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Tribunal Sets Aside Penalty Imposed on Appellant in Customs Appeal Case
The provides details of a legal case involving Customs Appeal No. 862 of 2011 and Customs Appeal No. 1746 of 2010, heard at the Customs Excise & Service Tax Appellate Tribunal in Bangalore. The case revolves around the interception of a passenger concealing a large amount of foreign currency, leading to the confiscation of the currency and the imposition of a penalty. The appellant filed an appeal, and after considering the arguments from both si ...
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Tribunal Rules in Favor of Appellant in Excise Duty Case
The Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench in Ahmedabad ruled in a legal case involving Excise Appeal No. 10341 of 2015-DB. The case centered around the seizure of Pouch Packing Machines and the manufacturing of Pan Masala Containing Tobacco without the payment of Central Excise duty. The appellant, Pareshbhai Ramanbhai Amin, contested the duty demand confirmed by the Commissioner of Central Excise, Vadodara, and the T ...
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Tribunal Sets Aside Demand of Central Excise Duty, Interest, and Penalty in Excise Appeal No. 75370 of 2021
The Customs, Excise & Service Tax Appellate Tribunal, Kolkata, Eastern Zonal Bench, in the case of Excise Appeal No. 75370 of 2021, ruled in favor of the Appellant, M/s Raj Kumar Gupta (Alias) Shri Raj Kumar Sultania alias Shri Raju Sultania, setting aside the demand of Central Excise Duty, interest, and penalty imposed on them by the Commissioner of CGST & Central Excise, Patna.
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