Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
CESTAT held that the imported "ethylene ripener" containing ethephon is an "insecticide" under Section 3(e) of the Insecticide Act, 1968, as ethephon is listed in its Schedule. Even if imported for non-insecticidal use, DGFT Notification No. 106/(RE-2013)/2009-2014 validly mandates an import permit from the Registration Committee, which the importers failed to obtain despite their undertaking before the Bombay HC. The goods, imported in violation of the notification and misdeclared to circumvent restrictions, were rightly held liable to confiscation under Section 111(d), (f) and (m) of the Customs Act, 1962, with an option of re-export, failing which absolute confiscation and destruction would follow. Penalties under Sections 112(a) and 114AA on all appellants, including the customs broker, were upheld. The appeals were dismissed.
CESTAT held that the imported "ethylene ripener" containing ethephon is an "insecticide" under Section 3(e) of the Insecticide Act, 1968, as ethephon is listed in its Schedule. Even if imported for non-insecticidal use, DGFT Notification No. 106/(RE-2013)/2009-2014 validly mandates an import permit from the Registration Committee, which the importers failed to obtain despite their undertaking before the Bombay HC. The goods, imported in violation of the notification and misdeclared to circumvent restrictions, were rightly held liable to confiscation under Section 111(d), (f) and (m) of the Customs Act, 1962, with an option of re-export, failing which absolute confiscation and destruction would follow. Penalties under Sections 112(a) and 114AA on all appellants, including the customs broker, were upheld. The appeals were dismissed.
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