https://www.taxtmi.com/caselaws?id=790380 Imported polyester knitted fabric with a small spandex content was still treated as correctly described, but the excess quantity found on examination justified rejection of the declared transaction value and re-determination on re-assessment. Because the goods were checked before clearance for home consumption, differential duty could proceed only by re-assessment under Section 17(4) of the Customs Act, not by recovery under Section 28. Confiscation, redemption fine and penalty were also set aside, as confiscation was discretionary on the limited facts and penalty under Section 114A could not stand without a valid Section 28 basis. en-us Wed, 22 Apr 2026 00:00:00 +0530 Fri, 24 Apr 2026 08:52:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=790380 Imported polyester knitted fabric with a small spandex content was still treated as correctly described, but the excess quantity found on examination justified rejection of the declared transaction value and re-determination on re-assessment. Because the goods were checked before clearance for home consumption, differential duty could proceed only by re-assessment under Section 17(4) of the Customs Act, not by recovery under Section 28. Confiscation, redemption fine and penalty were also set aside, as confiscation was discretionary on the limited facts and penalty under Section 114A could not stand without a valid Section 28 basis. Case-Laws Customs Wed, 22 Apr 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=790380