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...
The Tribunal held that the extended period of limitation could not be invoked because the assessee's sales were made to a Government undertaking under proper invoices and through banking channels, with no evidence of clearance without invoices or any material showing suppression or misstatement to evade duty. It also upheld deductions from assessable value for pro rata recovery, cash discount, trading turnover, freight and sales tax, finding that the contractual terms and supporting documents justified their allowance. Excise duty was therefore confined to the actual transaction value received after eligible deductions, and the demand, interest and penalty were set aside.
The Tribunal held that the extended period of limitation could not be invoked because the assessee's sales were made to a Government undertaking under proper invoices and through banking channels, with no evidence of clearance without invoices or any material showing suppression or misstatement to evade duty. It also upheld deductions from assessable value for pro rata recovery, cash discount, trading turnover, freight and sales tax, finding that the contractual terms and supporting documents justified their allowance. Excise duty was therefore confined to the actual transaction value received after eligible deductions, and the demand, interest and penalty were set aside.
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