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Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
For imported capital goods of a 100% EOU, the controlling condition was installation or use within the bonded premises within the stipulated period; the NFEP-linked duty recovery provision applied to raw materials and consumables, not to capital goods. Since procurement and installation were undisputed, failure to achieve export obligation or NFEP did not by itself justify customs duty on the capital goods, and the duty demand was rightly set aside. The later notification dated 31.03.2003 was held inapplicable because the default period predated it and no retrospective effect was shown. As the duty demand failed, the penalty under Section 112(a) also could not survive.
For imported capital goods of a 100% EOU, the controlling condition was installation or use within the bonded premises within the stipulated period; the NFEP-linked duty recovery provision applied to raw materials and consumables, not to capital goods. Since procurement and installation were undisputed, failure to achieve export obligation or NFEP did not by itself justify customs duty on the capital goods, and the duty demand was rightly set aside. The later notification dated 31.03.2003 was held inapplicable because the default period predated it and no retrospective effect was shown. As the duty demand failed, the penalty under Section 112(a) also could not survive.
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