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 evidence from a mobile phone was rejected because the statutory requirements for admissibility under Section 138C were not shown to be met, and the retrieved note did not match the import documents in specification or quantity. Comparable import data was also found insufficient because similarity in grade, dimensions, width and commercial level was not established, so rejection of the declared transaction value failed and undervaluation was not proved. The Tribunal further held that suppression was not made out where the show cause case rested on documents already supplied at import, making the extended period unavailable and the penalties unsustainable. Classification was left open.
Electronic evidence from a mobile phone was rejected because the statutory requirements for admissibility under Section 138C were not shown to be met, and the retrieved note did not match the import documents in specification or quantity. Comparable import data was also found insufficient because similarity in grade, dimensions, width and commercial level was not established, so rejection of the declared transaction value failed and undervaluation was not proved. The Tribunal further held that suppression was not made out where the show cause case rested on documents already supplied at import, making the extended period unavailable and the penalties unsustainable. Classification was left open.
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