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    <title>2026 (8) TMI 30 - CESTAT KOLKATA</title>
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    <description>Derivative penal liability for abetment under the Customs Act cannot survive where the principal allegation against the importer fails. The imported components, without an electric motor and battery, did not have the essential character of complete electrical tricycles under Rule 2(a) of the General Rules for Interpretation. They were correctly declared as parts/components, and the classification dispute involved no misdeclaration. As confiscation, differential duty and penalties against the importer were unsustainable, no underlying contravention remained to support a penalty against the alleged abettor. The penalty was therefore set aside.</description>
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    <pubDate>Wed, 29 Jul 2026 00:00:00 +0530</pubDate>
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      <title>2026 (8) TMI 30 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=796157</link>
      <description>Derivative penal liability for abetment under the Customs Act cannot survive where the principal allegation against the importer fails. The imported components, without an electric motor and battery, did not have the essential character of complete electrical tricycles under Rule 2(a) of the General Rules for Interpretation. They were correctly declared as parts/components, and the classification dispute involved no misdeclaration. As confiscation, differential duty and penalties against the importer were unsustainable, no underlying contravention remained to support a penalty against the alleged abettor. The penalty was therefore set aside.</description>
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      <pubDate>Wed, 29 Jul 2026 00:00:00 +0530</pubDate>
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