Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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In an export classification dispute, the decisive criterion for distinguishing industrial salt from muriate of potash was the potassium chloride content. The test report relied on by the adjudicating authority did not state that percentage, so it did not provide the determinative basis to classify the goods as restricted fertilizer or establish misdeclaration. On that evidence, the allegation that the exported goods were muriate of potash was not proved, and the penalty for illegal export of restricted goods could not be sustained; the penalty was set aside with consequential relief.
In an export classification dispute, the decisive criterion for distinguishing industrial salt from muriate of potash was the potassium chloride content. The test report relied on by the adjudicating authority did not state that percentage, so it did not provide the determinative basis to classify the goods as restricted fertilizer or establish misdeclaration. On that evidence, the allegation that the exported goods were muriate of potash was not proved, and the penalty for illegal export of restricted goods could not be sustained; the penalty was set aside with consequential relief.
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