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...
EODC certificates issued by DGFT are determinative of discharge of EPCG export obligations; Customs lacks jurisdiction to re-adjudge fulfilment absent prior DGFT cancellation. The Tribunal relied on prior CESTAT precedents to conclude that confirmation of demand and imposition of penalties by Customs cannot stand where no DGFT adjudication revoked the EODC. Consequently, demands and penalties confirmed by Customs in such circumstances were set aside, restoring the effect of the DGFT certificate as evidence of export obligation fulfillment unless and until DGFT itself cancels it.
EODC certificates issued by DGFT are determinative of discharge of EPCG export obligations; Customs lacks jurisdiction to re-adjudge fulfilment absent prior DGFT cancellation. The Tribunal relied on prior CESTAT precedents to conclude that confirmation of demand and imposition of penalties by Customs cannot stand where no DGFT adjudication revoked the EODC. Consequently, demands and penalties confirmed by Customs in such circumstances were set aside, restoring the effect of the DGFT certificate as evidence of export obligation fulfillment unless and until DGFT itself cancels it.
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