Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Penalty under sections 112(a) and 114AA for alleged abetment in overvaluation of imported goods to evade anti-dumping duty was held unsustainable because the imports were effected through High Sea Sales on the basis of agreements and banking-channel payments, and the declared transaction value could not be rejected on the department's premise of a lower supplier price. Reliance on statements recorded under section 108, without permitting requested cross-examination, did not justify sustaining the allegation of intentional misdeclaration. Following binding tribunal precedent, the foundation for invoking extended limitation and penal consequences failed, resulting in setting aside the impugned order and allowing the appeal. - CESTAT
Penalty under sections 112(a) and 114AA for alleged abetment in overvaluation of imported goods to evade anti-dumping duty was held unsustainable because the imports were effected through High Sea Sales on the basis of agreements and banking-channel payments, and the declared transaction value could not be rejected on the department's premise of a lower supplier price. Reliance on statements recorded under section 108, without permitting requested cross-examination, did not justify sustaining the allegation of intentional misdeclaration. Following binding tribunal precedent, the foundation for invoking extended limitation and penal consequences failed, resulting in setting aside the impugned order and allowing the appeal. - CESTAT
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