Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
The case pertains to the import of restricted goods, specifically marbles and mosaics, under the Import Policy at a value lower than the Minimum Import Price notified by the Directorate General of Foreign Trade (DGFT). The importer violated DGFT Notifications by importing these items below the prescribed minimum prices of US$ 60 per SQM for marbles and US$ 80 per SQM for mosaics, rendering the imports liable for confiscation under the Customs Act and the Foreign Trade (Development and Regulation) Act, along with penalties. The Adjudicating Authority initially ordered confiscation and penalties, but the importer agreed to enhance the value as per the Minimum Import Price. The CESTAT upheld the demand for duty at the enhanced value based on the Minimum Import Price but set aside the confiscation and penalties, partially allowing the appeal. The CESTAT held that once the value was enhanced as per the Notifications, there was no legal necessity to treat the imports as contravening the Acts.
The case pertains to the import of restricted goods, specifically marbles and mosaics, under the Import Policy at a value lower than the Minimum Import Price notified by the Directorate General of Foreign Trade (DGFT). The importer violated DGFT Notifications by importing these items below the prescribed minimum prices of US$ 60 per SQM for marbles and US$ 80 per SQM for mosaics, rendering the imports liable for confiscation under the Customs Act and the Foreign Trade (Development and Regulation) Act, along with penalties. The Adjudicating Authority initially ordered confiscation and penalties, but the importer agreed to enhance the value as per the Minimum Import Price. The CESTAT upheld the demand for duty at the enhanced value based on the Minimum Import Price but set aside the confiscation and penalties, partially allowing the appeal. The CESTAT held that once the value was enhanced as per the Notifications, there was no legal necessity to treat the imports as contravening the Acts.
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