Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
In proceedings alleging diversion of goods from a customs bonded warehouse into the domestic market, the dominant issue was whether the noticee had an enforceable right to cross-examine persons whose statements were relied upon. The authority held that customs officials, having acted in discharge of official duties, cannot be compelled to submit to cross-examination as a matter of right; the right is not absolute and requires demonstration of prejudice affecting substantial justice, hence cross-examination of such officials was denied. However, independent customs brokers and private warehouse staff were treated as non-official witnesses, so cross-examination of those individuals was permitted, and the impugned order was modified accordingly. - HC
In proceedings alleging diversion of goods from a customs bonded warehouse into the domestic market, the dominant issue was whether the noticee had an enforceable right to cross-examine persons whose statements were relied upon. The authority held that customs officials, having acted in discharge of official duties, cannot be compelled to submit to cross-examination as a matter of right; the right is not absolute and requires demonstration of prejudice affecting substantial justice, hence cross-examination of such officials was denied. However, independent customs brokers and private warehouse staff were treated as non-official witnesses, so cross-examination of those individuals was permitted, and the impugned order was modified accordingly. - HC
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