Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Penalty against a customs broker failed where the import dispute was treated as an interpretational classification issue and the importer had already been exonerated for absence of mala fide intent. On those facts, a broker who merely filed Bills of Entry on the importer's instructions could not be said to have abetted evasion, and the ingredients for penalty based on false declaration were not made out. The Tribunal also held that the objection on invocation of the larger period would apply equally to the appellants. The penalties under Sections 112(a) and 114AA were deleted and the appeals were allowed.
Penalty against a customs broker failed where the import dispute was treated as an interpretational classification issue and the importer had already been exonerated for absence of mala fide intent. On those facts, a broker who merely filed Bills of Entry on the importer's instructions could not be said to have abetted evasion, and the ingredients for penalty based on false declaration were not made out. The Tribunal also held that the objection on invocation of the larger period would apply equally to the appellants. The penalties under Sections 112(a) and 114AA were deleted and the appeals were allowed.
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