International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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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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