Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
CRCL's test report treating the imported rubber process oil as hazardous waste was held unreliable because CRCL lacked recognized accreditation and even indicated absence of requisite research facilities; the department ought to have tested the goods through a recognized laboratory, hence the hazardous characterization could not be sustained, resulting in setting aside of absolute confiscation. Since the show cause notice itself proposed re-export under Rule 17 of the Hazardous Waste Rules, 2008, and the importer was willing to re-export, denial of that option and ordering absolute confiscation was unjustified; re-export was directed on an undertaking that the same goods would not be re-imported. Redemption fine and penalty were also set aside. - CESTAT
CRCL's test report treating the imported rubber process oil as hazardous waste was held unreliable because CRCL lacked recognized accreditation and even indicated absence of requisite research facilities; the department ought to have tested the goods through a recognized laboratory, hence the hazardous characterization could not be sustained, resulting in setting aside of absolute confiscation. Since the show cause notice itself proposed re-export under Rule 17 of the Hazardous Waste Rules, 2008, and the importer was willing to re-export, denial of that option and ordering absolute confiscation was unjustified; re-export was directed on an undertaking that the same goods would not be re-imported. Redemption fine and penalty were also set aside. - CESTAT
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