Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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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