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...
The HC held that penalty for detention of goods in transit was unsustainable where the record showed movement under a tax invoice, e-way bill and consignee note, and the petitioner was treated as the consignee-owner. In the absence of any allegation or material of fraud in the accompanying documents, the authorities could not ignore the transport documents or proceed against the petitioner as another person. Subsequent cancellation of registration, having occurred after the invoice and loading of goods, did not justify the penalty. The impugned orders were set aside and the matter remitted for fresh consideration after hearing the petitioner.
The HC held that penalty for detention of goods in transit was unsustainable where the record showed movement under a tax invoice, e-way bill and consignee note, and the petitioner was treated as the consignee-owner. In the absence of any allegation or material of fraud in the accompanying documents, the authorities could not ignore the transport documents or proceed against the petitioner as another person. Subsequent cancellation of registration, having occurred after the invoice and loading of goods, did not justify the penalty. The impugned orders were set aside and the matter remitted for fresh consideration after hearing the petitioner.
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