Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Cross country pipeline classification and ITC entitlement: pipelines outside factory treated as immovable, ITC disallowed under Section 17 restriction...
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
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
