Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
A separate reverse charge levy on the service component of CIF imports under Notifications Nos. 8/2017 and 10/2017 was held unsustainable because the same element was already included within the composite supply of imported goods. Relying on the Supreme Court's ruling in Mohit Minerals, the HC applied the principle that the service aspect cannot be taxed separately in a manner that conflicts with the statutory scheme of composite supply. As the show cause notice was founded on that invalid levy, it could not be sustained and was set aside, bringing the proceedings to an end.
A separate reverse charge levy on the service component of CIF imports under Notifications Nos. 8/2017 and 10/2017 was held unsustainable because the same element was already included within the composite supply of imported goods. Relying on the Supreme Court's ruling in Mohit Minerals, the HC applied the principle that the service aspect cannot be taxed separately in a manner that conflicts with the statutory scheme of composite supply. As the show cause notice was founded on that invalid levy, it could not be sustained and was set aside, bringing the proceedings to an end.
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