De-humidifiers classed under CTH 8509; s.28 demand and extended limitation upheld; confiscation and s.114A penalty sustained

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT affirmed that the imported de-humidifiers are classifiable under CTI 8509 80 00, not CTI 8479, because Chapter Note 1(f) to Ch.84 excludes goods falling within Ch.85 and Chapter Note 4 to Ch.85 confines the scope of CTH 8509. A demand issued under s.28 was validly invoked, including the extended limitation period, since the importer altered classification without notifying authorities and critical facts were concealed. The goods were held liable to confiscation under s.111(m). The penalty under s.114A on the importer was upheld as conditions for extended limitation and penalty coincide. The penalty proposed against the customs broker was set aside for lack of cogent evidence; the remainder of the adjudicatory order is sustained.....