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...
Declared transaction value for imported goods must be accepted under the Customs Act and Customs Valuation Rules unless the department first records valid reasons to doubt its truth or accuracy and then applies the valuation rules sequentially. Here, the invoice and banking documents supported the declared price, there was no buyer-seller relationship or evidence of extra consideration, and the department relied on a single later higher-priced comparable despite most comparables being lower. The enhancement was therefore without legal basis and was set aside. Because the differential duty and interest had been paid under protest on an unlawful enhancement, the Tribunal ordered refund with interest from the date of payment until refund.
Declared transaction value for imported goods must be accepted under the Customs Act and Customs Valuation Rules unless the department first records valid reasons to doubt its truth or accuracy and then applies the valuation rules sequentially. Here, the invoice and banking documents supported the declared price, there was no buyer-seller relationship or evidence of extra consideration, and the department relied on a single later higher-priced comparable despite most comparables being lower. The enhancement was therefore without legal basis and was set aside. Because the differential duty and interest had been paid under protest on an unlawful enhancement, the Tribunal ordered refund with interest from the date of payment until refund.
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