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    <title>2023 (12) TMI 1080 - CESTAT NEW DELHI</title>
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    <description>Classification of Ganoderma powders was tested against the twin criteria for Ayurvedic medicaments and found to fail both, leading to their classification as food supplements under CTH 2106/2108 and assessment for duty accordingly; outcome: classification affirmed for revenue. Invocation of the extended limitation period was rejected because filings and departmental awareness negated wilful suppression; outcome: show cause beyond the normal period barred by limitation. Imposition of penalty was set aside because there was no wilful misdeclaration; outcome: penalty under the Customs provisions quashed. Confiscation under customs for misdeclaration was disallowed as the case involved misclassification only; outcome: no confiscation. Matter remanded to compute differential duty for the normal period.</description>
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    <pubDate>Wed, 20 Dec 2023 00:00:00 +0530</pubDate>
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      <title>2023 (12) TMI 1080 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=447396</link>
      <description>Classification of Ganoderma powders was tested against the twin criteria for Ayurvedic medicaments and found to fail both, leading to their classification as food supplements under CTH 2106/2108 and assessment for duty accordingly; outcome: classification affirmed for revenue. Invocation of the extended limitation period was rejected because filings and departmental awareness negated wilful suppression; outcome: show cause beyond the normal period barred by limitation. Imposition of penalty was set aside because there was no wilful misdeclaration; outcome: penalty under the Customs provisions quashed. Confiscation under customs for misdeclaration was disallowed as the case involved misclassification only; outcome: no confiscation. Matter remanded to compute differential duty for the normal period.</description>
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      <pubDate>Wed, 20 Dec 2023 00:00:00 +0530</pubDate>
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