Terminal gate verification for transshipment containers shifts to operators, while Customs controls and discrepancy reporting requirements remain mand...
Appellate jurisdiction is not excluded merely because an article...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary stage.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Appellate jurisdiction is not excluded merely because an article is recovered from an international passenger at an airport. The exclusion for goods imported or exported as baggage applies only where the challenged order clearly and unambiguously concerns goods having that character. A gold kada worn on a passenger's wrist could not, at the preliminary stage, conclusively be treated as baggage; whether it was a personal ornament, bona fide personal effect, declarable article, or concealed goods required merits examination. Departmental characterisation cannot determine jurisdiction, and authorities involving goods recovered from luggage or admitted baggage are distinguishable. The appeal was therefore maintainable and listed for disposal on merits.
Appellate jurisdiction is not excluded merely because an article is recovered from an international passenger at an airport. The exclusion for goods imported or exported as baggage applies only where the challenged order clearly and unambiguously concerns goods having that character. A gold kada worn on a passenger's wrist could not, at the preliminary stage, conclusively be treated as baggage; whether it was a personal ornament, bona fide personal effect, declarable article, or concealed goods required merits examination. Departmental characterisation cannot determine jurisdiction, and authorities involving goods recovered from luggage or admitted baggage are distinguishable. The appeal was therefore maintainable and listed for disposal on merits.
Note: It is a system-generated summary and is for quick reference only.