https://www.taxtmi.com/caselaws?id=758010 Imported LCD panels were held not to be second-hand goods merely because they came from old stock or appeared aged; inconclusive Chartered Engineer evidence was insufficient to establish restricted second-hand status, so confiscation and redemption fine could not stand. Transaction value could not be rejected or enhanced solely on that report without corroborative evidence, and the declared value remained acceptable where the importer's comparable market material was not properly displaced. Penalties under the Customs Act also failed because they depended on the same unsustainable findings and no independent evidence established the ingredients of misdeclaration or false declaration. The impugned order was set aside and relief followed on confiscation, valuation, redemption fine, and penalties. en-us Tue, 03 Sep 2024 00:00:00 +0530 Fri, 06 Sep 2024 08:19:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758010 Imported LCD panels were held not to be second-hand goods merely because they came from old stock or appeared aged; inconclusive Chartered Engineer evidence was insufficient to establish restricted second-hand status, so confiscation and redemption fine could not stand. Transaction value could not be rejected or enhanced solely on that report without corroborative evidence, and the declared value remained acceptable where the importer's comparable market material was not properly displaced. Penalties under the Customs Act also failed because they depended on the same unsustainable findings and no independent evidence established the ingredients of misdeclaration or false declaration. The impugned order was set aside and relief followed on confiscation, valuation, redemption fine, and penalties. Case-Laws Customs Tue, 03 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758010