Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
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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