Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Cross-objections were held maintainable under Section 129A(4) of the Customs Act despite withdrawal of the departmental appeal, because they operate as an independent proceeding once filed. On merits, the imported vehicle was declared used but found brand new, and non-compliance with import policy and motor vehicle requirements justified confiscation under Section 111(d). However, the goods were treated as regulatory-breach goods rather than absolutely prohibited goods, so absolute confiscation was found excessive. The Tribunal therefore allowed redemption on payment of fine, applicable duty and interest, while leaving the reduced penalty undisturbed.
Cross-objections were held maintainable under Section 129A(4) of the Customs Act despite withdrawal of the departmental appeal, because they operate as an independent proceeding once filed. On merits, the imported vehicle was declared used but found brand new, and non-compliance with import policy and motor vehicle requirements justified confiscation under Section 111(d). However, the goods were treated as regulatory-breach goods rather than absolutely prohibited goods, so absolute confiscation was found excessive. The Tribunal therefore allowed redemption on payment of fine, applicable duty and interest, while leaving the reduced penalty undisturbed.
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