Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
Statements recorded under s.108 of the Customs Act were held inadmissible because the department did not examine the makers as witnesses, failing the mandatory conditions of s.138B(1)(b); consequently, adjudication and penalty proceedings could not be sustained on such statements, and denial of cross-examination violated the "reasonable opportunity" under s.122A. The contention that absence of s.108 statements bars noticees from objecting was rejected as the statute creates no adverse inference for non-recording; the issue was answered against the revenue. Other framed questions were rendered unnecessary, and the appeals were dismissed. - HC
Statements recorded under s.108 of the Customs Act were held inadmissible because the department did not examine the makers as witnesses, failing the mandatory conditions of s.138B(1)(b); consequently, adjudication and penalty proceedings could not be sustained on such statements, and denial of cross-examination violated the "reasonable opportunity" under s.122A. The contention that absence of s.108 statements bars noticees from objecting was rejected as the statute creates no adverse inference for non-recording; the issue was answered against the revenue. Other framed questions were rendered unnecessary, and the appeals were dismissed. - HC
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