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...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
For a transaction to be treated as inter-State sale under section 3(a) of the CST Act, the movement of goods must be occasioned by a prior contract of sale. On the agency agreement effective from 01.08.1995, the goods remained the principal's property, the agent sold on behalf of the principal, and the appellant discharged the initial burden under section 6A by producing documents and Form F declarations. The CESTAT erred in relying on pre-agreement material to characterise later movements as sales, so the post-01.08.1995 turnover was held to be consignment sales and the contrary assessment was set aside. The enhanced penalty based on that finding also fell away, while the reduced penalty on the remaining tax difference was maintained.
For a transaction to be treated as inter-State sale under section 3(a) of the CST Act, the movement of goods must be occasioned by a prior contract of sale. On the agency agreement effective from 01.08.1995, the goods remained the principal's property, the agent sold on behalf of the principal, and the appellant discharged the initial burden under section 6A by producing documents and Form F declarations. The CESTAT erred in relying on pre-agreement material to characterise later movements as sales, so the post-01.08.1995 turnover was held to be consignment sales and the contrary assessment was set aside. The enhanced penalty based on that finding also fell away, while the reduced penalty on the remaining tax difference was maintained.
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