Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
CESTAT addressed classification and valuation of imported controllers, applying the principal use rule, Notes to Section XVII and explanatory notes to conclude the controllers constitute electrical machinery classifiable under Chapter 85 rather than motor vehicle parts under Chapter 87; consequence: classification under Chapter 85 was upheld and the declared transaction value and assessable value treatment accepted. Note 2(f) to Section XVII excluding electrical machinery from Chapter 87 was determinative. The Tribunal followed earlier final orders in the appellants cases as precedent, resulting in dismissal of the revenue appeals.
CESTAT addressed classification and valuation of imported controllers, applying the principal use rule, Notes to Section XVII and explanatory notes to conclude the controllers constitute electrical machinery classifiable under Chapter 85 rather than motor vehicle parts under Chapter 87; consequence: classification under Chapter 85 was upheld and the declared transaction value and assessable value treatment accepted. Note 2(f) to Section XVII excluding electrical machinery from Chapter 87 was determinative. The Tribunal followed earlier final orders in the appellants cases as precedent, resulting in dismissal of the revenue appeals.
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