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...
Failure to satisfy condition (installation/use) of Notification No.92/2004-Cus: tribunal found the installation certificate was false and goods remained uninstalled, establishing non-fulfilment and authorising action under the Customs Act; consequence - confiscation under s.111(o) and liability for penalties upheld. Payment of differential duty before notice: treated as an election to opt out of exemption framework; consequence - duty payment accepted but did not negate liability for misdeclaration. Quantum of monetary sanctions: tribunal exercised mitigating discretion and reduced redemption fine and penalties; consequence - redemption fine reduced from Rs.10,00,000 to Rs.1,00,000 and specified penalties on the importer and chartered engineer substantially reduced. - CESTAT
Failure to satisfy condition (installation/use) of Notification No.92/2004-Cus: tribunal found the installation certificate was false and goods remained uninstalled, establishing non-fulfilment and authorising action under the Customs Act; consequence - confiscation under s.111(o) and liability for penalties upheld. Payment of differential duty before notice: treated as an election to opt out of exemption framework; consequence - duty payment accepted but did not negate liability for misdeclaration. Quantum of monetary sanctions: tribunal exercised mitigating discretion and reduced redemption fine and penalties; consequence - redemption fine reduced from Rs.10,00,000 to Rs.1,00,000 and specified penalties on the importer and chartered engineer substantially reduced. - CESTAT
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