Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
Risk-based postal import clearance standardises electronic assessment, document requests, duty realisation and delivery controls at Foreign Post Offic...
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The High Court upheld the CESTAT's order setting aside the confiscation order and imposition of redemption fines under the Customs Act, 1962. The appeals did not involve substantial questions of law and were based on factual issues which the Tribunal had considered in detail. The factual aspects were similar to the Ganesh Benzoplast Limited case, where goods were imported through pipelines and stored in non-bonded tanks after obtaining permissions. The Tribunal rightly relied on the Bombay High Court's decision in Finesse Creation Inc. instead of judgments from other High Courts. The imposition of penalties u/s 117 of the Customs Act was disapproved, as held in Ganesh Benzoplast Limited. The Tribunal's factual findings and reasoning did not warrant interference in appeals involving no substantial questions of law.
The High Court upheld the CESTAT's order setting aside the confiscation order and imposition of redemption fines under the Customs Act, 1962. The appeals did not involve substantial questions of law and were based on factual issues which the Tribunal had considered in detail. The factual aspects were similar to the Ganesh Benzoplast Limited case, where goods were imported through pipelines and stored in non-bonded tanks after obtaining permissions. The Tribunal rightly relied on the Bombay High Court's decision in Finesse Creation Inc. instead of judgments from other High Courts. The imposition of penalties u/s 117 of the Customs Act was disapproved, as held in Ganesh Benzoplast Limited. The Tribunal's factual findings and reasoning did not warrant interference in appeals involving no substantial questions of law.
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