International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
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...
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Seizure and confiscation under s.111 turned on whether the goods were licitly imported with valid duty-paying documents or were supported by fabricated invoices amounting to mis-declaration/undervaluation. The adjudicating authority verified the alleged supplier and relied on statements recorded under s.108, which were tested through cross-examination, establishing that the purported invoices were never issued and did not relate to the seized goods; hence the documents failed to prove lawful import or local procurement. Confiscation under s.111 and penalties under s.112 were sustained as the adjudication complied with natural justice and the evidence conclusively supported the department's case, resulting in dismissal of the appeals. - CESTAT
Seizure and confiscation under s.111 turned on whether the goods were licitly imported with valid duty-paying documents or were supported by fabricated invoices amounting to mis-declaration/undervaluation. The adjudicating authority verified the alleged supplier and relied on statements recorded under s.108, which were tested through cross-examination, establishing that the purported invoices were never issued and did not relate to the seized goods; hence the documents failed to prove lawful import or local procurement. Confiscation under s.111 and penalties under s.112 were sustained as the adjudication complied with natural justice and the evidence conclusively supported the department's case, resulting in dismissal of the appeals. - CESTAT
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