Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
Electronic printouts and WhatsApp chats were rejected as evidence because the Section 138C(4) certificate was not furnished, and the department's statements lacked independent corroboration. On that basis, the demand could not rest on the hard-disk material. The Tribunal also held that Certificates of Origin could not be discarded without verification from the exporting country's competent authority, so the finding of Chinese origin and denial of preferential tariff benefit were unsustainable. Redetermination of customs value after clearance for home consumption was likewise impermissible, as the proforma invoices were inadmissible and did not prove extra payment. With the main demand failing, the penalties on the company and directors also fell.
Electronic printouts and WhatsApp chats were rejected as evidence because the Section 138C(4) certificate was not furnished, and the department's statements lacked independent corroboration. On that basis, the demand could not rest on the hard-disk material. The Tribunal also held that Certificates of Origin could not be discarded without verification from the exporting country's competent authority, so the finding of Chinese origin and denial of preferential tariff benefit were unsustainable. Redetermination of customs value after clearance for home consumption was likewise impermissible, as the proforma invoices were inadmissible and did not prove extra payment. With the main demand failing, the penalties on the company and directors also fell.
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