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CESTAT allowed the appeal, finding no substantive evidence of misdeclaration. The tribunal critically examined the test reports, which did not conclusively prove the goods were not RBD Palmolein mixture. The Commissioner's refusal to permit re-testing and cross-examination of experts, coupled with a five-year delay in issuing the show cause notice, undermined the department's case. The tribunal held that the allegations of mis-declaration were unsubstantiated, thereby setting aside the duty demand, interest, and penalties imposed on the importer.
CESTAT allowed the appeal, finding no substantive evidence of misdeclaration. The tribunal critically examined the test reports, which did not conclusively prove the goods were not RBD Palmolein mixture. The Commissioner's refusal to permit re-testing and cross-examination of experts, coupled with a five-year delay in issuing the show cause notice, undermined the department's case. The tribunal held that the allegations of mis-declaration were unsubstantiated, thereby setting aside the duty demand, interest, and penalties imposed on the importer.
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TaxTMI 
TaxTMI 
