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Export of Goods - Mis-declaration of Mud additive chemicals for oil well - Confiscation - The Tribunal found that the Commissioner's decision to confiscate the goods was based on evidence that did not adhere to proper procedural requirements. Specifically, the statements relied upon were not subjected to the process prescribed under section 138B of the Customs Act, rendering them irrelevant. Additionally, the denial of cross-examination regarding the test report further weakened the case. Consequently, the Tribunal set aside the order of confiscation. Since the confiscation of goods was deemed invalid due to procedural lapses, the penalties imposed on the appellants were also overturned.
Export of Goods - Mis-declaration of Mud additive chemicals for oil well - Confiscation - The Tribunal found that the Commissioner's decision to confiscate the goods was based on evidence that did not adhere to proper procedural requirements. Specifically, the statements relied upon were not subjected to the process prescribed under section 138B of the Customs Act, rendering them irrelevant. Additionally, the denial of cross-examination regarding the test report further weakened the case. Consequently, the Tribunal set aside the order of confiscation. Since the confiscation of goods was deemed invalid due to procedural lapses, the penalties imposed on the appellants were also overturned.
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