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...
Imported chilli seeds treated with poisonous chemicals and meant solely for sowing were held not to be "spices" under Chapter 09 because they were neither edible nor fit for human consumption; consequently, classification under CTI 0904 was rejected and the goods were held classifiable as seeds for sowing under CTI 1209 99 90, with Rule 3(a) of the GIR not permitting comparison at the eight-digit level. Invocation of the extended limitation period was disallowed as there was no finding of deliberate suppression with intent to evade duty and the bills of entry had been physically assessed, showing departmental awareness; the appellate reliance on a request under section 28(6) was also found unjustified in view of the subsequent withdrawal and contest of classification. Appeal allowed. - CESTAT
Imported chilli seeds treated with poisonous chemicals and meant solely for sowing were held not to be "spices" under Chapter 09 because they were neither edible nor fit for human consumption; consequently, classification under CTI 0904 was rejected and the goods were held classifiable as seeds for sowing under CTI 1209 99 90, with Rule 3(a) of the GIR not permitting comparison at the eight-digit level. Invocation of the extended limitation period was disallowed as there was no finding of deliberate suppression with intent to evade duty and the bills of entry had been physically assessed, showing departmental awareness; the appellate reliance on a request under section 28(6) was also found unjustified in view of the subsequent withdrawal and contest of classification. Appeal allowed. - CESTAT
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