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    <title>2024 (5) TMI 472 - CESTAT KOLKATA</title>
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    <description>Imported goods declared as e-rickshaw spare parts were held not to be classifiable as complete e-rickshaws in CKD condition under CTH 8703 because the consignment did not include the battery and did not, on the facts found, possess the essential character of the complete article for Rule 2(a) to apply. Classification under CTH 8708.99.00 was therefore upheld. Enhancement of value was also rejected because the declared transaction value was not discarded in accordance with the prescribed valuation procedure and the importer was not shown the basis for rejection. As misdeclaration was not established, confiscation, redemption fine and penalty were unsustainable.</description>
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    <pubDate>Thu, 21 Mar 2024 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 472 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=752419</link>
      <description>Imported goods declared as e-rickshaw spare parts were held not to be classifiable as complete e-rickshaws in CKD condition under CTH 8703 because the consignment did not include the battery and did not, on the facts found, possess the essential character of the complete article for Rule 2(a) to apply. Classification under CTH 8708.99.00 was therefore upheld. Enhancement of value was also rejected because the declared transaction value was not discarded in accordance with the prescribed valuation procedure and the importer was not shown the basis for rejection. As misdeclaration was not established, confiscation, redemption fine and penalty were unsustainable.</description>
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      <pubDate>Thu, 21 Mar 2024 00:00:00 +0530</pubDate>
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