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...
Valid country of origin certificates under the India-ASEAN PTA Rules, the India-Malaysia PTA Rules and the exemption notifications could not be ignored for preferential customs duty unless they were invalidated through the prescribed retroactive verification mechanism. CESTAT held that Customs was bound to act on the certificates as documentary proof of origin, and the Revenue's reliance on a later Madras High Court decision was distinguishable because that case involved serious discrepancies in the certificate itself. It also held that, for the relevant period, the importer had no mandatory obligation to prove how regional value content was satisfied; that requirement arose only after Section 28DA and the CAROTAR Rules. The denial of exemption, with demand, interest and penalty, was set aside.
Valid country of origin certificates under the India-ASEAN PTA Rules, the India-Malaysia PTA Rules and the exemption notifications could not be ignored for preferential customs duty unless they were invalidated through the prescribed retroactive verification mechanism. CESTAT held that Customs was bound to act on the certificates as documentary proof of origin, and the Revenue's reliance on a later Madras High Court decision was distinguishable because that case involved serious discrepancies in the certificate itself. It also held that, for the relevant period, the importer had no mandatory obligation to prove how regional value content was satisfied; that requirement arose only after Section 28DA and the CAROTAR Rules. The denial of exemption, with demand, interest and penalty, was set aside.
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