Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
Imported goods were found, on examination and CRCL testing, to be polyester filament yarn fabric though declared as viscose polyamide woven fabric; the importer did not dispute the mis-declaration and accepted re-classification and consequent re-assessment, so reclassification was sustained. Since the invoice related to different goods, the proper officer had reasonable doubt under Rule 12 to reject the declared transaction value; as no supporting evidence was produced, value was correctly re-determined under the sequential rules using contemporaneous import data of similar goods, and differential duty was sustained. Mis-declaration attracted confiscation under s.111(m); redemption fine at about 10% of value was upheld, and mandatory penalty equal to duty under s.114A was affirmed; appeal dismissed. - CESTAT
Imported goods were found, on examination and CRCL testing, to be polyester filament yarn fabric though declared as viscose polyamide woven fabric; the importer did not dispute the mis-declaration and accepted re-classification and consequent re-assessment, so reclassification was sustained. Since the invoice related to different goods, the proper officer had reasonable doubt under Rule 12 to reject the declared transaction value; as no supporting evidence was produced, value was correctly re-determined under the sequential rules using contemporaneous import data of similar goods, and differential duty was sustained. Mis-declaration attracted confiscation under s.111(m); redemption fine at about 10% of value was upheld, and mandatory penalty equal to duty under s.114A was affirmed; appeal dismissed. - CESTAT
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