Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
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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...
Customs Cargo Service Provider appointment extends custodianship to additional terminal land, subject to cargo-control, security and licence condition...
The CESTAT upheld the denial of exemption notification benefits to the appellant for ELISA test kits imported for food testing, confirming they are not exempt under the relevant notification. However, the Tribunal held that the Principal Commissioner erred in invoking the extended period of limitation under Section 28(4) of the Customs Act, 1962, as there was no suppression of material facts with intent to evade duty, and prior findings on this issue had not been reconsidered appropriately. Consequently, the confirmation of differential duty for the extended period was set aside. Furthermore, the imposition of penalty under Section 114A was quashed, as the grounds for penalty were the same as those for invoking the extended limitation period, which was unjustified. The appeal was allowed, affirming duty liability only for the normal limitation period and setting aside the extended period demand and penalty.
The CESTAT upheld the denial of exemption notification benefits to the appellant for ELISA test kits imported for food testing, confirming they are not exempt under the relevant notification. However, the Tribunal held that the Principal Commissioner erred in invoking the extended period of limitation under Section 28(4) of the Customs Act, 1962, as there was no suppression of material facts with intent to evade duty, and prior findings on this issue had not been reconsidered appropriately. Consequently, the confirmation of differential duty for the extended period was set aside. Furthermore, the imposition of penalty under Section 114A was quashed, as the grounds for penalty were the same as those for invoking the extended limitation period, which was unjustified. The appeal was allowed, affirming duty liability only for the normal limitation period and setting aside the extended period demand and penalty.
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