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    <title>2003 (9) TMI 384 - CESTAT, MUMBAI</title>
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    <description>Ethyl alcohol of 59.3% alcohol by volume was treated as overproof whisky and, on that basis, as a concentrate of alcoholic beverages under the relevant import policy entry, so import under the claimed REP licences was unauthorised and confiscation was upheld. The Department&#039;s case for rejecting the declared transaction value failed because the alleged split invoices and extra payments were not reliably proved, and the manufacturer&#039;s invoices remained the best evidence of value, so the revaluation-based duty demands were set aside. Redemption fine was reduced as the undervaluation charge failed and no established duty-evasion motive was shown. Penalties on the importers and connected individuals were set aside for want of mala fide.</description>
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    <pubDate>Wed, 10 Sep 2003 00:00:00 +0530</pubDate>
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      <title>2003 (9) TMI 384 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=107829</link>
      <description>Ethyl alcohol of 59.3% alcohol by volume was treated as overproof whisky and, on that basis, as a concentrate of alcoholic beverages under the relevant import policy entry, so import under the claimed REP licences was unauthorised and confiscation was upheld. The Department&#039;s case for rejecting the declared transaction value failed because the alleged split invoices and extra payments were not reliably proved, and the manufacturer&#039;s invoices remained the best evidence of value, so the revaluation-based duty demands were set aside. Redemption fine was reduced as the undervaluation charge failed and no established duty-evasion motive was shown. Penalties on the importers and connected individuals were set aside for want of mala fide.</description>
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      <pubDate>Wed, 10 Sep 2003 00:00:00 +0530</pubDate>
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