https://www.taxtmi.com/caselaws?id=762597 CESTAT Ahmedabad set aside penalties under Sections 112(a) and 114AA of Customs Act, 1962 for alleged IPR infringement and misdeclaration. The tribunal held that goods cannot be treated as prohibited without following mandatory procedures under Intellectual Property Rights Rules, 2007, including proper notice to right holders and their participation within ten working days. Since these procedural requirements were not met, absolute confiscation was unwarranted. Additionally, the tribunal rejected Revenue's valuation method using original branded goods' prices from e-commerce sites to value counterfeit goods, finding this approach illegal and arbitrary. All penalties against appellants were set aside and appeal was allowed. en-us Tue, 03 Dec 2024 00:00:00 +0530 Wed, 04 Dec 2024 08:44:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=762597 CESTAT Ahmedabad set aside penalties under Sections 112(a) and 114AA of Customs Act, 1962 for alleged IPR infringement and misdeclaration. The tribunal held that goods cannot be treated as prohibited without following mandatory procedures under Intellectual Property Rights Rules, 2007, including proper notice to right holders and their participation within ten working days. Since these procedural requirements were not met, absolute confiscation was unwarranted. Additionally, the tribunal rejected Revenue's valuation method using original branded goods' prices from e-commerce sites to value counterfeit goods, finding this approach illegal and arbitrary. All penalties against appellants were set aside and appeal was allowed. Case-Laws Customs Tue, 03 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=762597