ValkyaEditorial

Tagged “customs”

4 articles on customs.

Landmark JudgmentCESTAT, Principal Bench, New Delhi

Continental Automotive Brake Systems v. Commissioner of Customs: ABS sub-components denied concessional duty

On 22 April 2026, the CESTAT Principal Bench held that ECUs and sensors imported for assembly into Anti-lock Braking Systems are 'suitable for use' in motor vehicles and are denied the benefit of Notification 50/2017-Customs, but set aside interest and penalty on differential IGST for the pre-16 August 2024 period.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Sundaresh Bhatt, Liquidator of ABG Shipyard v. CBIC: moratorium, customs and the Section 238 override

On 26 August 2022 a three-judge bench of the Supreme Court, in Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs, held that once a moratorium is imposed under Section 14 or Section 33(5) of the Insolvency and Bankruptcy Code, the Customs Act yields to the IBC by force of Section 238. The Central Board of Indirect Taxes and Customs retains the power to assess and determine the quantum of customs duty payable, but cannot initiate recovery, sale or confiscation of the corporate debtor's goods during the moratorium; the customs claim must be filed before the IRP or liquidator and ranks in the Section 53 waterfall. A close reading of Chief Justice Ramana's judgment, the spheres-of-operation reasoning and the doctrinal arc through Paschimanchal.

Valkya Editorial··12 min