Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Import of Technical Grade Urea through a State Trading Enterprise on high-seas sale basis was treated as an import made through that enterprise, not as a prohibited direct import by the appellant. Applying earlier CESTAT rulings, the Tribunal held that the relevant ITC(HS) entry permitted such import structure, so there was no violation of the Foreign Trade Policy. Consequently, confiscation under Section 111(d) and penalty under Section 112(a)(i) were unsustainable. The confiscation and penalties were set aside and the appeals were allowed.
Import of Technical Grade Urea through a State Trading Enterprise on high-seas sale basis was treated as an import made through that enterprise, not as a prohibited direct import by the appellant. Applying earlier CESTAT rulings, the Tribunal held that the relevant ITC(HS) entry permitted such import structure, so there was no violation of the Foreign Trade Policy. Consequently, confiscation under Section 111(d) and penalty under Section 112(a)(i) were unsustainable. The confiscation and penalties were set aside and the appeals were allowed.
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