Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Importation of an old and used car by misdeclaring it as new, resulting in undervaluation. Imposition of composite penalty u/ss 112(a), 112(b), and 114AA of the Customs Act, 1962. Penalty u/s 114AA cannot be imposed as it pertains to fraudulent exports, not imports. Quantum of penalties imposed u/ss 112(a) and 112(b) unknown. Composite penalties imposed on the appellant found unsustainable. Impugned orders imposing penalties under various provisions of the Customs Act, 1962 set aside by the Appellate Tribunal (CESTAT). Appeal allowed.
Importation of an old and used car by misdeclaring it as new, resulting in undervaluation. Imposition of composite penalty u/ss 112(a), 112(b), and 114AA of the Customs Act, 1962. Penalty u/s 114AA cannot be imposed as it pertains to fraudulent exports, not imports. Quantum of penalties imposed u/ss 112(a) and 112(b) unknown. Composite penalties imposed on the appellant found unsustainable. Impugned orders imposing penalties under various provisions of the Customs Act, 1962 set aside by the Appellate Tribunal (CESTAT). Appeal allowed.
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