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...
Electronic records seized from a third party, including pen-drive data and printouts, were treated as admissible and authentic because the statutory presumption attached to seized documents extended to electronic material and no contemporaneous challenge to seizure or contents was raised. Retraction of statements was rejected because a bare denial without proof of involuntariness carries no weight, and the statements were corroborated by independent material; minor spelling variations in the name were held to be only phonetic or clerical. The Tribunal also held that the time requirement under FEMA section 16(6) was advisory, so delay did not vitiate the adjudication. Contraventions under FEMA were upheld, but the penalties were reduced to 20% of the amounts imposed.
Electronic records seized from a third party, including pen-drive data and printouts, were treated as admissible and authentic because the statutory presumption attached to seized documents extended to electronic material and no contemporaneous challenge to seizure or contents was raised. Retraction of statements was rejected because a bare denial without proof of involuntariness carries no weight, and the statements were corroborated by independent material; minor spelling variations in the name were held to be only phonetic or clerical. The Tribunal also held that the time requirement under FEMA section 16(6) was advisory, so delay did not vitiate the adjudication. Contraventions under FEMA were upheld, but the penalties were reduced to 20% of the amounts imposed.
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