Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
Penalty for short-payment of additional sales tax was held not to be attracted where the dispute concerned only the applicable rate and there was no suppression or variation in turnover. Because the turnover returned and the turnover assessed were identical, the case did not amount to an incorrect or incomplete return within the meaning of the penalty provision. The Court also applied strict construction to penalty statutes and held that Section 12(3)(b) did not authorise penalty merely because tax was paid at a lower percentage. The appellate authority's deletion of penalty, affirmed by the Tribunal, was upheld and the State's revision was dismissed.
Penalty for short-payment of additional sales tax was held not to be attracted where the dispute concerned only the applicable rate and there was no suppression or variation in turnover. Because the turnover returned and the turnover assessed were identical, the case did not amount to an incorrect or incomplete return within the meaning of the penalty provision. The Court also applied strict construction to penalty statutes and held that Section 12(3)(b) did not authorise penalty merely because tax was paid at a lower percentage. The appellate authority's deletion of penalty, affirmed by the Tribunal, was upheld and the State's revision was dismissed.
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