https://www.taxtmi.com/caselaws?id=760767 Nudity in art is not per se obscene: obscenity must be assessed by settled legal standards, including the work as a whole, contemporary community standards and relevant expert material. A customs authority cannot treat nudity or a sexual pose as automatically prohibited and rely on personal moral notions alone. Where the confiscation order is legally unsustainable and passed on an erroneous foundation, the alternate-remedy objection may be rejected as ineffective. On that basis, the confiscation and penalty order was set aside and the artworks were directed to be released to the importer. en-us Fri, 25 Oct 2024 00:00:00 +0530 Sat, 26 Oct 2024 08:15:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760767 Nudity in art is not per se obscene: obscenity must be assessed by settled legal standards, including the work as a whole, contemporary community standards and relevant expert material. A customs authority cannot treat nudity or a sexual pose as automatically prohibited and rely on personal moral notions alone. Where the confiscation order is legally unsustainable and passed on an erroneous foundation, the alternate-remedy objection may be rejected as ineffective. On that basis, the confiscation and penalty order was set aside and the artworks were directed to be released to the importer. Case-Laws Customs Fri, 25 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760767