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Misdeclaration of quantity rejected where supplier evidence established counting errors, so reassessment, confiscation and redemption fine were set aside.
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Appellate tribunal found the Commissioner (Appeals) erred by not examining the importer's explanation and supplier communication showing errors in quantification of imported memory components; therefore the upheld duty reassessment, confiscation and redemption fine were set aside. The tribunal also held that compulsory registration under the Electronics and IT Goods order applies to standalone UPS/inverters, not spare parts; consequently absolute confiscation and the small penalty imposed for one power supply were set aside and the two power supplies ordered released without penalty.
Appellate tribunal found the Commissioner (Appeals) erred by not examining the importer's explanation and supplier communication showing errors in quantification of imported memory components; therefore the upheld duty reassessment, confiscation and redemption fine were set aside. The tribunal also held that compulsory registration under the Electronics and IT Goods order applies to standalone UPS/inverters, not spare parts; consequently absolute confiscation and the small penalty imposed for one power supply were set aside and the two power supplies ordered released without penalty.
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