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...
Where the declared import values were substantially lower than contemporaneous values, the proper officer had reasonable doubt about the truth and accuracy of the transaction value, and rejection of the declared value was justified; the importer's online acceptance of such rejection was treated as voluntary, not coerced. Upon rejection, valuation was required to proceed under the Customs Valuation Rules by applying Rule 4 (identical goods) failing which Rule 5 (similar goods), and the re-determination based on similar goods under Rule 5 was upheld. However, since the importer had correctly declared the transaction value in the Bill of Entry and could not anticipate re-determination, confiscation under Section 111(m) was unwarranted; consequently, redemption fine and penalty under Section 112 were set aside. - CESTAT
Where the declared import values were substantially lower than contemporaneous values, the proper officer had reasonable doubt about the truth and accuracy of the transaction value, and rejection of the declared value was justified; the importer's online acceptance of such rejection was treated as voluntary, not coerced. Upon rejection, valuation was required to proceed under the Customs Valuation Rules by applying Rule 4 (identical goods) failing which Rule 5 (similar goods), and the re-determination based on similar goods under Rule 5 was upheld. However, since the importer had correctly declared the transaction value in the Bill of Entry and could not anticipate re-determination, confiscation under Section 111(m) was unwarranted; consequently, redemption fine and penalty under Section 112 were set aside. - CESTAT
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