TMI BlogAmends forms for filing appeal in the CESTAT (C.A.-3, C.A.-4, C.A.-5)X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate Tribunal shall be made in Form No. C.A. - 5 (2) The appeal or application in Form No. C.A.-5 shall be filed in quadruplicate accompanied by an equal number of copies of the decision or order (one of which at least shall be a certified copy) passed by:- a) the Appellate Commissioner of Customs under section 128 of the Act , as it stood immediately before the appointed day, or by the Commissioner (Appeals) under section 128A of the Act and a copy of the order passed by the Committee of Commissioners of Customs under sub - section (2) of the section 129A of the Act. b) the Commissioner of Customs and a copy of the order passed by the Committee of Chief Commissioners of Customs under sub - section (1) of section 129D of the Act. 3. For Form No. C.A. - 3, C.A. - 4 and C.A. 5 appended to the said rules, the following Forms shall respectively be substituted, namely: - FORM C.A 3 [See rule 6 (1)] Form of Appeal to Appellate Tribunal under sub-section (1) of Section 129A of Customs Act, 1962. IN THE CUSTOMS, CENTRAL EXCISE AND SERVICE TAX APPELLAE TRIBUNAL Appeal No.____________of 20 .......... Appellant Vs .. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fine Penalty Interest (ii) If not, whether any application for dispensing with such deposit has been made? 15. Does the order appealed against also involve any central excise duty demand, and related fine or penalty, so far as the appellant is concerned? 16. Does the order appealed against also involve any Service tax demand, and related penalty, so far as the appellant is concerned? 17. Subject matter of dispute in order of priority. (please choose two items from the list below, under the head IMPORT or EXPORT or GENERAL , depending upon the nature of the case) [ i) Classification indicate the Chapter(s), ii) Valuation- whether related persons issue or Others, iii) SSI Exemption, iv) Application of Exemption Notification-indicate the Notfn. No., v) CENVAT, vi) Seizure/Clandestine removal, vii) Refund (other than rebate), viii) Others] IMPORT (i) Classification Chapter (ii) Valuation GVC /SVB or Others (iii) Application of Exemption Notification No., (iv) Anti-dumping duty. (v) Safeguard duty, (vi) Project imports, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anied by such fee as prescribed under sub- section (6) of section 129A of the Act and shall be paid through a crossed bank draft drawn in favour of the Assistant Registrar of the Bench of the Tribunal on a branch of any nationalised bank located at the place where the Bench is situated. - - - - - - - - - - - - - - - - - - * Location Codes of all customs stations from where imports/exports have taken place in respect of the appellant to be furnished. Location Codes for all the sea ports, airports, ICD s, Land Customs stations etc, are available on the website www.icegate.gov.in [ICEGATE website downloads - ICEGATE guidelines Code List - Location Code List] ** Importer - Exporter Code assigned by the Directorate General of Foreign Trade, to be mandatorily furnished *** To be furnished by non-registered persons. Unique Identification (UID) number to be furnished where Permanent Account Number (PAN) is not available. FORM C.A. 4 [See rule 6 (2)] Form of Memorandum of Cross-Objections to the Appellate Tribunal under sub-section (4) of section 129A of Customs Act, 1962. In the Customs, Central Excise and Service Tax Appellate Tribunal Cross objection No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether any application for dispensing with such deposit has been made? 11. (A) In case of cross - objections filed by the Commissioner of Customs (I ) Amount of duty demand dropped or reduced for the period of dispute. (ii) Amount of interest demand dropped or reduced for the period of dispute. (iii) Amount of refund sanctioned or allowed for the period of dispute (iv) Whether no or less fine imposed? (v) Whether no or less penalty imposed? (B) Whether an application for staying the operation of the order appealed against has been made? 12. Subject matter of dispute in order of priority. (please choose two items from the list below, under the head IMPORT or EXPORT or GENERAL , depending upon the nature of the case) IMPORT (i) Classification Chapter (ii) Valuation GVC /SVB or Others (iii) Application of Exemption Notification No., (iv) Anti-dumping duty. (v) Safeguard duty, (vi) Project imports, vii) Baggage viii) Courier, ix) Imports under Export Promotion Scheme, x) Seizure cases xi) Refunds, xii) NTR (Non-Tariff Restrictions like import license, Phyto Sanitary requirements etc.), xiii) Others EXPORT (i) Classific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable on the website www.icegate.gov.in [ICEGATE website downloads ICEGATE guidelines Code List - Location Code List] ** Importer Exporter Code (IEC) assigned by the Directorate General of Foreign Trade, to be mandatorily furnished *** To be furnished if appellant does not have IEC. Unique Identification (UID) number to be furnished where Permanent Account Number (PAN) is not available. Where the memorandum of cross-objection is filed by the Commissioner of Customs, the above details to be furnished by the Commissioner of Customs in respect of the appellant. FORM C.A. 5 (Refer Rule 7) Form of Appeal or application to Appellate Tribunal under sub-section (2) Section 129A or sub-section (4) of Section 129D of the Customs Act, 1962. IN THE CUSTOMS, CENTRAL EXCISE AND SERVICE TAX APPELLAE TRIBUNAL Appeal No.____________of 20 .......... Appellant/Applicant Vs .. Respondent 1. Port/ Location Code* IEC** PAN or UID** Port/ Location Code 2* Port/ Location Code 3* ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appealed against involves any question having a relation to the rate of Customs or to the value of goods for the purpose of assessment. 16. Subject matter of dispute in order of priority. (please choose two items from the list below, under the head IMPORT or EXPORT or GENERAL , depending upon the nature of the case) IMPORT (i) Classification Chapter (ii) Valuation GVC /SVB or Others (iii) Application of Exemption Notification No., (iv) Anti-dumping duty. (v) Safeguard duty, (vi) Project imports, vii) Baggage viii) Courier, ix) Imports under Export Promotion Scheme, x) Seizure cases xi) Refunds, xii) NTR (Non-Tariff Restrictions like import license, Phyto Sanitary requirements etc.), xiii) Others EXPORT (i) Classification-Srl. Nos. of Export Schedule, (ii) Valuation, (iii) Drawback, (iv) Export under any Export Promotion Scheme (other than drawback), (v) Non-Tariff restrictions, (vi) Others GENERAL (i) Custom House Agents Licensing Regulations, 2004, (ii) MOT Charges, (iii) Others Priority 1 Priority 2 Priority 1 Priority 2 Priority 1 Priority 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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