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 ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
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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