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    <title>2024 (3) TMI 1185 - CESTAT KOLKATA</title>
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    <description>Imported garlic was held to be correctly classifiable as dried garlic because the record contained physical examination, invoices, phytosanitary certificates and bill of entry endorsements, while no reliable moisture-content test disproved the declared classification. A reference to the goods as &quot;garlic bulb&quot; was not treated as proof of fresh garlic or mis-declaration, so the allegation of evasion failed. The imports from Bangladesh were also found to qualify for exemption under the relevant SAFTA-linked customs notification on the accepted facts and supporting certificates, and once the exemption applied, the duty demand and connected penalties could not survive. The impugned orders were set aside with consequential relief.</description>
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      <description>Imported garlic was held to be correctly classifiable as dried garlic because the record contained physical examination, invoices, phytosanitary certificates and bill of entry endorsements, while no reliable moisture-content test disproved the declared classification. A reference to the goods as &quot;garlic bulb&quot; was not treated as proof of fresh garlic or mis-declaration, so the allegation of evasion failed. The imports from Bangladesh were also found to qualify for exemption under the relevant SAFTA-linked customs notification on the accepted facts and supporting certificates, and once the exemption applied, the duty demand and connected penalties could not survive. The impugned orders were set aside with consequential relief.</description>
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