Supreme Court Upholds the Constitutionality of Life Sentences Without Remission Until Natural Death  ||  Supreme Court: Service Benefits Can't be Refused Due to Missing ACRs Not Attributable to Employees  ||  Supreme Court: Courts May Grant Lesser Relief under Order VII Rule 7 CPC, But Not a Different Claim  ||  Supreme Court Dismisses Lokpal's Plea Against Delhi HC Order Quashing Probe into Defence Secretary  ||  SC Grants Bail to Two UAPA Accused, Citing 12-Year Incarceration and Violation of Article 21  ||  Madras High Court: Seeking Divorce over Wife's Accidental Hip Injury is Inhumane  ||  Kerala High Court Directs Stronger Audit and Financial Oversight in Guruvayur Devaswom  ||  Madras High Court Directs State and Judiciary to Expedite Rape and POCSO Trials  ||  Karnataka HC Upholds RTO's Power to Cancel Registration Secured by False Documents  ||  Karnataka HC: Bengaluru-Mysuru Corridor Could be Biggest Scam, Farmers Deprived of Land    

Atul Kaushik and Ors. v. C.C. (Export), New Delhi - (Customs, Excise and Service Tax Appellate Tribunal) (29 Jul 2015)

CESTAT: Department's proclivity to raising purely interpretational disagreement

MANU/CE/0302/2015

Customs

The CESTAT held that since no licence fee was payable nor was paid by customers to Oracle India (nor was any payable or paid by Oracle India to Oracle USA) in respect of imports of non-commercial media packs or non-commercial software electronic downloads, the demand of the Department was unsustainable. It added that 'such cases devoid of mens rea are simple demand cases involving bona fide interpretational difference of opinion', and the Department's tendency to disagree on valuation negatively affected the case-of-doing-business in the country.

Relevant : CC (Port), Chennai v. Toyota Kirloskar Motor Pvt. Ltd. MANU/SC/2855/2007 State Bank of India v. Collector of Customs, Bombay MANU/SC/0017/2000 Continental Foundation Joint Venture v. CC, Chandigarh MANU/SC/3646/2007 Tolaram Relumal v. State of Bombay MANU/SC/0057/1954

Tags : CUSTOMS   MENS REA   NON-COMMERCIAL   INTERPRETATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved