Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
The CESTAT Chandigarh addressed the maintainability of appeals below the monetary threshold limit set by CBIC circulars. The tribunal emphasized the binding nature of CBIC instructions on the department, citing Section 131BA of the Customs Act, 1962. The latest circular dated 02.11.2023 specified a monetary limit of Rs. 50 lakhs for filing appeals before the CESTAT. The tribunal noted that the appeals in question fell below this threshold and highlighted that previous appeals below the monetary limits had been consistently dismissed by higher courts. As the duty amount involved in each appeal was below the prescribed limit, the tribunal ruled the appeals as not maintainable based on the CBIC instructions, dismissing all 26 appeals.
The CESTAT Chandigarh addressed the maintainability of appeals below the monetary threshold limit set by CBIC circulars. The tribunal emphasized the binding nature of CBIC instructions on the department, citing Section 131BA of the Customs Act, 1962. The latest circular dated 02.11.2023 specified a monetary limit of Rs. 50 lakhs for filing appeals before the CESTAT. The tribunal noted that the appeals in question fell below this threshold and highlighted that previous appeals below the monetary limits had been consistently dismissed by higher courts. As the duty amount involved in each appeal was below the prescribed limit, the tribunal ruled the appeals as not maintainable based on the CBIC instructions, dismissing all 26 appeals.
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