Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Anti-dumping duty on imported sodium tri-poly phosphate could apply only to STPP other than food grade after the corrigendum, so the Revenue had to prove with cogent evidence that the goods were not food grade. The Tribunal held that the test material was inconclusive: the FSSAI-backed report and no-objection certificate supported food-grade classification, while the Department's laboratory evidence did not definitively exclude food grade and required further tests. As chargeability had not been established, misdeclaration was not proved and the confiscation and penalties based on that allegation could not stand. The goods were treated as food grade STPP, and the duty demand, confiscation, and penalties were set aside.
Anti-dumping duty on imported sodium tri-poly phosphate could apply only to STPP other than food grade after the corrigendum, so the Revenue had to prove with cogent evidence that the goods were not food grade. The Tribunal held that the test material was inconclusive: the FSSAI-backed report and no-objection certificate supported food-grade classification, while the Department's laboratory evidence did not definitively exclude food grade and required further tests. As chargeability had not been established, misdeclaration was not proved and the confiscation and penalties based on that allegation could not stand. The goods were treated as food grade STPP, and the duty demand, confiscation, and penalties were set aside.
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