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...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
A remand by the Commissioner (Appeals) treating a Tribunal judgment as 'additional evidence' under Rule 5 was held unsustainable because judicial decisions do not constitute documentary or evidentiary material within the meaning of Rule 5 and related statutory definitions; that part of the impugned orders was set aside. Separately, where facts and legal questions were identical to a prior Tribunal decision which was affirmed by the Supreme Court, the appeals were to be decided on that binding precedent; consequently the imported LCD monitors were held classifiable under CTH 8528 5200 attracting IGST at 18% and the appeals were allowed.
A remand by the Commissioner (Appeals) treating a Tribunal judgment as 'additional evidence' under Rule 5 was held unsustainable because judicial decisions do not constitute documentary or evidentiary material within the meaning of Rule 5 and related statutory definitions; that part of the impugned orders was set aside. Separately, where facts and legal questions were identical to a prior Tribunal decision which was affirmed by the Supreme Court, the appeals were to be decided on that binding precedent; consequently the imported LCD monitors were held classifiable under CTH 8528 5200 attracting IGST at 18% and the appeals were allowed.
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