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Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Primary issue: classification of imported goods as motor-vehicle parts or textile curtains. The tribunal found the goods were car shades, sold and described as vehicle accessories, not curtains; therefore classification under CTI 8708 99 00 is correct and the departmental reclassification to CTI 6303 99 90 is rejected - classification upheld for the importer. Secondary issues: valuation and penalties. The Customs officer lacked reasonable doubt under Rule 12 to disregard the transaction value where only a trader's invoice existed and no material misdescription was found; consequently confiscation under s.111(m), redemption fine and penalties under s.112 are unsustainable and set aside, with duty recalculated on remand - penalties and confiscation quashed and matter remitted for computation. - CESTAT
Primary issue: classification of imported goods as motor-vehicle parts or textile curtains. The tribunal found the goods were car shades, sold and described as vehicle accessories, not curtains; therefore classification under CTI 8708 99 00 is correct and the departmental reclassification to CTI 6303 99 90 is rejected - classification upheld for the importer. Secondary issues: valuation and penalties. The Customs officer lacked reasonable doubt under Rule 12 to disregard the transaction value where only a trader's invoice existed and no material misdescription was found; consequently confiscation under s.111(m), redemption fine and penalties under s.112 are unsustainable and set aside, with duty recalculated on remand - penalties and confiscation quashed and matter remitted for computation. - CESTAT
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