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Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
CESTAT held that the premature classification of provisionally assessed goods was improper. The tribunal rejected revenue's appeal for confiscation and penalties, upheld the importer's classification of Electronic Control Unit (ECU) under Chapter 90, confirmed eligibility for concessional Basic Customs Duty based on Certificate of Origin under Free Trade Agreements, and clarified the relevant date for limitation purposes. The impugned orders were modified, with no confiscation, fine, or penalty imposed. The appeal was ultimately disposed of in favor of the importer.
CESTAT held that the premature classification of provisionally assessed goods was improper. The tribunal rejected revenue's appeal for confiscation and penalties, upheld the importer's classification of Electronic Control Unit (ECU) under Chapter 90, confirmed eligibility for concessional Basic Customs Duty based on Certificate of Origin under Free Trade Agreements, and clarified the relevant date for limitation purposes. The impugned orders were modified, with no confiscation, fine, or penalty imposed. The appeal was ultimately disposed of in favor of the importer.
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TaxTMI 
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