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2026 Supreme(Online)(CESTAT) 305

CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
C J MATHEW, Technical Member, AJAY SHARMA, Judicial Member
Salt Experiences & Management Pvt Ltd – Appellant
Versus
Commissioner of Customs (NS-V) – Respondent


Advocates:
For the Appellants/Petitioners: Shri Prakash Shah, Shri Vishnu Kant, Shri Karan Luthera, Shri Piyush Thanvi, Shri Mohammad Faraz
For the Respondents: Shri Ranjan Prakash, Shri Nikhil Mohan Goyal

Table of Content
1. details of foreign currency seizure and related parties. (Para 1 , 2 , 3)
2. arguments regarding jurisdiction and applicability of customs law. (Para 4 , 6 , 7 , 8)
3. court observations on evidence and authority. (Para 5 , 9 , 10 , 12)
4. ratio on the jurisdiction of customs under specific provisions. (Para 14 , 15 , 18 , 21)
5. statutory interpretation and historical context of foreign exchange laws. (Para 24 , 25 , 26 , 27 , 28)
6. clarification of legal boundaries under fema and customs act. (Para 31 , 32 , 33 , 34)
7. final conclusion on confiscation and penalties under assessment. (Para 39 , 40)

PER: C J MATHEW

Don’t spend a dollar’s worth of time on a ten cent decision’ said Peter Turla and, while that, for all purposes, may well be the urging of the appellants with their submission that proceedings under customs law is extra-jurisdictional, we can hardly luxuriate in that simple a thesis to dispose off complexity wrought not just by extant law but also from the torturous contours of regulating the primary form of money. From the factual matrix on record, we perceive an elaborate tapestry woven by the investigation into foreign currency (equivalent of ₹ 81,01,421

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