Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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CESTAT allowed the appeal and set aside the penalty under s.112, Customs Act, 1962. The Tribunal found the appellant acted solely as a broker for commission and that the impugned order rested only on uncorroborated inculpatory statements which the appellant retracted. Statements recorded under s.108 were inadmissible in adjudication as the procedural safeguards in s.138B (examination/cross-examination) were not satisfied. The adjudicator failed to demonstrate how the alleged commercial link implicated the appellant in over-invoicing or circular trading. Further, s.112 was inapplicable: no prohibition was in force, no duty was payable, alleged value was not higher than declared, and no duty evasion was established.
CESTAT allowed the appeal and set aside the penalty under s.112, Customs Act, 1962. The Tribunal found the appellant acted solely as a broker for commission and that the impugned order rested only on uncorroborated inculpatory statements which the appellant retracted. Statements recorded under s.108 were inadmissible in adjudication as the procedural safeguards in s.138B (examination/cross-examination) were not satisfied. The adjudicator failed to demonstrate how the alleged commercial link implicated the appellant in over-invoicing or circular trading. Further, s.112 was inapplicable: no prohibition was in force, no duty was payable, alleged value was not higher than declared, and no duty evasion was established.
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