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...
Coercive recovery could not be used to defeat a subsisting statutory right of appeal where the appeal period under the Act and the relevant notification had not expired. The High Court protected the petitioner from recovery because the petitioner stated an intention to file an appeal with a stay application within the available period; if the appeal is filed, the statutory pre-deposit requirement of 10% would apply and recovery would not be pursued in any event. The petition was disposed of with liberty to the Department to recover dues in accordance with law if no appeal is filed, while all merits were kept open.
Coercive recovery could not be used to defeat a subsisting statutory right of appeal where the appeal period under the Act and the relevant notification had not expired. The High Court protected the petitioner from recovery because the petitioner stated an intention to file an appeal with a stay application within the available period; if the appeal is filed, the statutory pre-deposit requirement of 10% would apply and recovery would not be pursued in any event. The petition was disposed of with liberty to the Department to recover dues in accordance with law if no appeal is filed, while all merits were kept open.
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