TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal rules in favor of appellant on imported goods classification dispute under Customs Act</h1> <h3>S RAJIV & CO Versus COMMISSIONER OF CUSTOMS (CSI AIRPORT)</h3> S RAJIV & CO Versus COMMISSIONER OF CUSTOMS (CSI AIRPORT) - 2014 (302) E.L.T. 412 (Tri. - Mumbai) Issues:Classification of imported goods under Customs Act, 1962; Confiscation of goods under Section 111(m); Imposition of redemption fine under Section 125; Penalty under Section 112(a).Classification of Imported Goods:The appellant imported goods classified by the department under heading No. 7102.39, while the appellant argued for classification under CETH 7102.31. Expert opinions and the Kimberley Process certificate supported the goods being semi-processed diamonds, not polished diamonds as assessed by the Revenue. The appellant cleared the goods on payment of duty, causing no revenue loss. The tribunal found no misdeclaration by the appellant regarding the goods' description, setting aside the confiscation under Section 111(m.Confiscation and Redemption Fine:The tribunal deemed the imposition of redemption fine under Section 125 as unsustainable in law since the goods were already cleared on payment of duty and not available for redemption. The appellant's initial claim for duty exemption did not constitute misdeclaration, aligning with legal precedents like the Northern Plastic Ltd. case. The tribunal concluded that there was no basis for confiscation or penalty, ultimately allowing the appeal and setting aside the impugned order.Penalty Imposition:The tribunal emphasized that the appellant's actions did not warrant confiscation or penalty, as the goods were correctly cleared on payment of duty, and the appellant's claim for duty exemption did not amount to misdeclaration. Citing legal decisions, including the Gaurav Enterprises case, the tribunal found no justification for the penalty imposed under Section 112(a), leading to the appeal's success and the impugned order being set aside.
TaxTMI 