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...
Unlocking or activating exported mobile phones was held to be only a configuration step to make the phones usable abroad, not taking the goods into use under the drawback rules. In light of the Delhi HC ruling in AIMS Retail Services, and the dismissal of the departmental challenge by the SC, the foundation for alleging misdeclaration and suppression failed. As that legal basis did not survive, confiscation of the exported phones, the redemption fine, and the penalties could not stand. The Tribunal therefore set aside the impugned order and granted consequential relief.
Unlocking or activating exported mobile phones was held to be only a configuration step to make the phones usable abroad, not taking the goods into use under the drawback rules. In light of the Delhi HC ruling in AIMS Retail Services, and the dismissal of the departmental challenge by the SC, the foundation for alleging misdeclaration and suppression failed. As that legal basis did not survive, confiscation of the exported phones, the redemption fine, and the penalties could not stand. The Tribunal therefore set aside the impugned order and granted consequential relief.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
