International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
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Mismatch in the declared and physically verified weight of imported goods sustained liability for differential duty and misdeclaration consequences, but the redemption fine and penalty were found excessive on the facts. The invoice and packing list matched the declared Bill of Entry, the excess quantity emerged only on post-arrival physical verification, and no specific role in the discrepancy was attributed to the importer. The Tribunal therefore accepted that statutory liability could arise despite the importer's bona fides, yet reduced the redemption fine and penalty in view of the absence of established culpable conduct. The appeal was partly allowed.
Mismatch in the declared and physically verified weight of imported goods sustained liability for differential duty and misdeclaration consequences, but the redemption fine and penalty were found excessive on the facts. The invoice and packing list matched the declared Bill of Entry, the excess quantity emerged only on post-arrival physical verification, and no specific role in the discrepancy was attributed to the importer. The Tribunal therefore accepted that statutory liability could arise despite the importer's bona fides, yet reduced the redemption fine and penalty in view of the absence of established culpable conduct. The appeal was partly allowed.
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