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    <title>Customs dispute: Tribunal upholds duty on excess fabric, overturns penalty on suction pumps due to lack of evidence.</title>
    <link>https://www.taxtmi.com/highlights?id=80673</link>
    <description>The case pertains to confiscation and redemption of goods, levy of penalty u/s 114A of the Customs Act, and determination of capacity of suction pumps and excess quantity of non-textured fabric. The key points are: the burden of proof lies on the department to establish that the declared capacity of pumps is incorrect; the appellant&#039;s declared value should be accepted as the department failed to provide evidence against it. The appellant does not dispute the excess quantity of non-textured fabric and has paid duty on it. Section 28 can only be invoked after goods are cleared for home consumption. The reassessment done by the Additional Commissioner is u/s 17, not Section 28, rendering Sections 28AA and 114A inapplicable. Confiscation of goo.....</description>
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    <pubDate>Sat, 24 Aug 2024 09:04:41 +0530</pubDate>
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      <title>Customs dispute: Tribunal upholds duty on excess fabric, overturns penalty on suction pumps due to lack of evidence.</title>
      <link>https://www.taxtmi.com/highlights?id=80673</link>
      <description>The case pertains to confiscation and redemption of goods, levy of penalty u/s 114A of the Customs Act, and determination of capacity of suction pumps and excess quantity of non-textured fabric. The key points are: the burden of proof lies on the department to establish that the declared capacity of pumps is incorrect; the appellant&#039;s declared value should be accepted as the department failed to provide evidence against it. The appellant does not dispute the excess quantity of non-textured fabric and has paid duty on it. Section 28 can only be invoked after goods are cleared for home consumption. The reassessment done by the Additional Commissioner is u/s 17, not Section 28, rendering Sections 28AA and 114A inapplicable. Confiscation of goo.....</description>
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      <pubDate>Sat, 24 Aug 2024 09:04:41 +0530</pubDate>
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