Customs Tribunal Overturns Penalties for Importer; Misapplied Manufacturer Rules in MRP Alteration Case.

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....Mis-declaration of value, rejection of assessable value of seized goods, and liability for confiscation of goods and imposition of penalty u/s 111(m) of the Customs Act, 1962. The differential customs duty on seized goods with altered MRP stickers was proposed to be recovered from the appellant, along with proportionate interest and appropriate penalty. The department wrongly invoked Rule 5 of Central Excise (Determination of Retail Sale Price of Excisable Goods) Rules 2008, which applies to manufacturers altering retail sale price after removal from the place of manufacture. However, the appellant is an importer, and the rule is inapplicable. The MRP sticker on imported goods matched the import declaration, and alteration occurred later in.........