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...
In arbitration review, the High Court reiterated that interference under Sections 34 and 37 is limited, but an award is vulnerable if it rests on no evidence or ignores vital material. Applying that standard, it held that the arbitrator had relied only on the final bill and ignored RA bills and other records showing that the amount for non-tendered items included GST to some extent. The Court found that computing GST at 18% on the entire figure was ex facie erroneous and set aside the award partly, leaving recomputation of GST and interest open and permitting the party concerned to pursue the differential claim afresh if so advised.
In arbitration review, the High Court reiterated that interference under Sections 34 and 37 is limited, but an award is vulnerable if it rests on no evidence or ignores vital material. Applying that standard, it held that the arbitrator had relied only on the final bill and ignored RA bills and other records showing that the amount for non-tendered items included GST to some extent. The Court found that computing GST at 18% on the entire figure was ex facie erroneous and set aside the award partly, leaving recomputation of GST and interest open and permitting the party concerned to pursue the differential claim afresh if so advised.
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