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...
Whether the appellant was a "recipient of proceeds of crime" so as to justify provisional attachment was decided against the enforcement agency. Salary credited to the appellant was held not to constitute proceeds of crime because her appointment order and other documentary records substantiated genuine employment, and uncorroborated oral assertions could not override such documents; hence attachment on that basis failed. Alleged receipt of large sums from a company was rejected since documentary material and bank records supported the appellant's explanation that the funds were returned on cancellation of a villa booking; hence that allegation failed. Amounts received as advance forfeiture were supported by the agreement and income-tax return evidencing tax payment, negating proceeds-of-crime characterization; therefore the provisional attachment and its confirmation were set aside and the appeal was allowed - AT
Whether the appellant was a "recipient of proceeds of crime" so as to justify provisional attachment was decided against the enforcement agency. Salary credited to the appellant was held not to constitute proceeds of crime because her appointment order and other documentary records substantiated genuine employment, and uncorroborated oral assertions could not override such documents; hence attachment on that basis failed. Alleged receipt of large sums from a company was rejected since documentary material and bank records supported the appellant's explanation that the funds were returned on cancellation of a villa booking; hence that allegation failed. Amounts received as advance forfeiture were supported by the agreement and income-tax return evidencing tax payment, negating proceeds-of-crime characterization; therefore the provisional attachment and its confirmation were set aside and the appeal was allowed - AT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
