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Confiscation of old and used multi-function devices was...

Restricted second-hand electronics need DGFT authorisation; confiscation survived only on that ground, with other objections rejected.

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Customs June 25, 2026 Case Laws AT
Confiscation of old and used multi-function devices was sustained only because they were restricted second-hand electronics and IT goods imported without required DGFT authorisation; the related redemption fine and importer penalty were reduced. The Tribunal rejected the other grounds of confiscation: the CRO, 2021 exemption for highly specialised equipment was found to rest on objective criteria and was wrongly denied; WPC approval could not be insisted on without affirmative proof of wireless capability; non-compliance with hazardous-waste import conditions was not proved in light of valid EPR authorisation and post-import inspection; and valuation re-determination alone did not establish wilful misdeclaration. Penalty on the Director under Section 114AA was set aside for lack of proof of knowing use of false documents.

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Acts Income Tax