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Section 138B limits substantive reliance on statements recorded...
Split consignment classification treated complementary motorcycle parts as one imported motorcycle, sustaining valuation, confiscation and importer liability.
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Section 138B limits substantive reliance on statements recorded under Section 108 unless its prescribed conditions are fulfilled; non-retraction alone does not cure non-compliance. A concurring approach treated examination of the maker as non-mandatory in departmental adjudication where no prejudice or involuntariness was established. Independent physical, expert and documentary material established that complementary split consignments formed one previously registered motorcycle, supporting reclassification, rejection of declared transaction value, and residual valuation. Duty was confined to the real importer, rather than imposed jointly and severally. Misdeclaration and breach of import restrictions supported confiscation and penalties for knowingly false declarations, subject to reductions. DRI officers and the common adjudicating authority were considered competent.
Section 138B limits substantive reliance on statements recorded under Section 108 unless its prescribed conditions are fulfilled; non-retraction alone does not cure non-compliance. A concurring approach treated examination of the maker as non-mandatory in departmental adjudication where no prejudice or involuntariness was established. Independent physical, expert and documentary material established that complementary split consignments formed one previously registered motorcycle, supporting reclassification, rejection of declared transaction value, and residual valuation. Duty was confined to the real importer, rather than imposed jointly and severally. Misdeclaration and breach of import restrictions supported confiscation and penalties for knowingly false declarations, subject to reductions. DRI officers and the common adjudicating authority were considered competent.
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