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...
Statements recorded under section 108 of the Customs Act could not be relied on to support undervaluation unless the procedure in section 138B was followed, including examination of the maker, a finding that admission was in the interests of justice, and an opportunity for cross-examination; absent that compliance, the statements were inadmissible. Electronic material retrieved from a laptop was also rejected because the seizure and handling were doubtful, retrieval was not properly shown to be in the presence of the concerned person, and the section 138C certificate was missing. With the contemporaneous import data wrongly discarded and no reliable proof of extra consideration or misdeclaration, rejection of transaction value, re-determination of duty, confiscation-related findings, and penalties could not stand.
Statements recorded under section 108 of the Customs Act could not be relied on to support undervaluation unless the procedure in section 138B was followed, including examination of the maker, a finding that admission was in the interests of justice, and an opportunity for cross-examination; absent that compliance, the statements were inadmissible. Electronic material retrieved from a laptop was also rejected because the seizure and handling were doubtful, retrieval was not properly shown to be in the presence of the concerned person, and the section 138C certificate was missing. With the contemporaneous import data wrongly discarded and no reliable proof of extra consideration or misdeclaration, rejection of transaction value, re-determination of duty, confiscation-related findings, and penalties could not stand.
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