Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
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CESTAT set aside customs penalties under Sections 112(a) and 114AA because the revenue failed to prove the alleged collusion and evasion scheme. The Tribunal followed its earlier orders in the appellant's own case and in identical matters, noting that the alleged fake certificates of origin had not been investigated or established through the Malaysian authorities. It also found that the electronic documents relied upon against the appellant were inadmissible in evidence. As the foundational allegations were not proved, the penalty basis failed and no penal liability survived.
CESTAT set aside customs penalties under Sections 112(a) and 114AA because the revenue failed to prove the alleged collusion and evasion scheme. The Tribunal followed its earlier orders in the appellant's own case and in identical matters, noting that the alleged fake certificates of origin had not been investigated or established through the Malaysian authorities. It also found that the electronic documents relied upon against the appellant were inadmissible in evidence. As the foundational allegations were not proved, the penalty basis failed and no penal liability survived.
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