PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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The dominant issue was whether mobile phones seized for invoice mismatch and regulatory non-compliance were liable to confiscation and penalties under the Customs Act. The adjudicating authority correctly treated 3,998 phones as smuggled since the invoices relied on by the importer did not match the documents filed with the Bill of Entry, warranting confiscation; 2,886 phones were properly allowed redemption on fine, and 1,012 phones were rightly subjected to absolute confiscation because import without valid IMEI numbers is prohibited. Separately, absence of MRP/RSP stickers breached FTP requirements and section 4A compliance, justifying confiscation of the 2,886 phones. Penalties imposed on the importing entity and its responsible persons were upheld as proportionate, and the appeals were dismissed. - CESTAT
The dominant issue was whether mobile phones seized for invoice mismatch and regulatory non-compliance were liable to confiscation and penalties under the Customs Act. The adjudicating authority correctly treated 3,998 phones as smuggled since the invoices relied on by the importer did not match the documents filed with the Bill of Entry, warranting confiscation; 2,886 phones were properly allowed redemption on fine, and 1,012 phones were rightly subjected to absolute confiscation because import without valid IMEI numbers is prohibited. Separately, absence of MRP/RSP stickers breached FTP requirements and section 4A compliance, justifying confiscation of the 2,886 phones. Penalties imposed on the importing entity and its responsible persons were upheld as proportionate, and the appeals were dismissed. - CESTAT
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