<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (1) TMI 361 - CESTAT HYDERABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=764299</link>
    <description>CESTAT Hyderabad dismissed the appeal regarding confiscation of a smuggled bike and penalty imposition. The tribunal held that DRI officers have jurisdiction to issue show cause notices under Section 28 of the Customs Act, following SC precedent. The appellant purchased the bike for Rs. 5.70 lakhs (paying Rs. 5 lakhs cash) despite its registration value exceeding Rs. 13 lakhs, without verifying ownership. The bike was registered under fake names with fraudulent documents. The tribunal found the appellant was not a bonafide purchaser, being knowledgeable about superbikes. Under Section 125(1) of the Customs Act, since the actual owner was unknown, the possessor (appellant) was held liable for duty payment.</description>
    <language>en-us</language>
    <pubDate>Tue, 07 Jan 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 08 Jan 2025 08:37:20 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=787190" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (1) TMI 361 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=764299</link>
      <description>CESTAT Hyderabad dismissed the appeal regarding confiscation of a smuggled bike and penalty imposition. The tribunal held that DRI officers have jurisdiction to issue show cause notices under Section 28 of the Customs Act, following SC precedent. The appellant purchased the bike for Rs. 5.70 lakhs (paying Rs. 5 lakhs cash) despite its registration value exceeding Rs. 13 lakhs, without verifying ownership. The bike was registered under fake names with fraudulent documents. The tribunal found the appellant was not a bonafide purchaser, being knowledgeable about superbikes. Under Section 125(1) of the Customs Act, since the actual owner was unknown, the possessor (appellant) was held liable for duty payment.</description>
      <category>Case-Laws</category>
      <law>Customs</law>
      <pubDate>Tue, 07 Jan 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=764299</guid>
    </item>
  </channel>
</rss>