<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2021 (8) TMI 906 - CESTAT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=411328</link>
    <description>Mis-declaration in the bill of entry was attributed to the importer, who remained responsible for truthful and complete customs declarations even if the overseas supplier sent different goods. A demand under section 28(4) of the Customs Act could not be sustained for goods not yet cleared for home consumption, and the DRI-issued show cause notice was invalid where the officer was not the proper officer for section 28 purposes. Penalty on the Customs Broker under section 112(a) was not supportable absent material showing knowledge, participation, or liability to confiscation. Confiscation and importer penalties based on recorded statements required compliance with section 138B and natural justice; those matters were remanded for fresh adjudication.</description>
    <language>en-us</language>
    <pubDate>Mon, 16 Aug 2021 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 23 Aug 2021 08:41:16 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=653639" rel="self" type="application/rss+xml"/>
    <item>
      <title>2021 (8) TMI 906 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=411328</link>
      <description>Mis-declaration in the bill of entry was attributed to the importer, who remained responsible for truthful and complete customs declarations even if the overseas supplier sent different goods. A demand under section 28(4) of the Customs Act could not be sustained for goods not yet cleared for home consumption, and the DRI-issued show cause notice was invalid where the officer was not the proper officer for section 28 purposes. Penalty on the Customs Broker under section 112(a) was not supportable absent material showing knowledge, participation, or liability to confiscation. Confiscation and importer penalties based on recorded statements required compliance with section 138B and natural justice; those matters were remanded for fresh adjudication.</description>
      <category>Case-Laws</category>
      <law>Customs</law>
      <pubDate>Mon, 16 Aug 2021 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=411328</guid>
    </item>
  </channel>
</rss>