The Commissioner holding that the appellant had resorted to deliberate misdeclaration and utilised the carnet documents to clear the vehicle without payment of duty, held that the car was liable for confiscation u/s. 111(m) of the Customs Act, 1962.
CESTAT Hyderabad held that imposition of penalty on allegation of foreign origin gold set aside as department failed to examine the documents nor have given any specific findings on the defence of the assessee. Thus, order set aside and matter remanded back.
CESTAT Kolkata held that the payment of Management Fee and the License Fee not being relatable to the imported goods and condition precedent to the sale of imported goods are therefore not includible in the transaction value.
Since there was no infirmity on the behalf of the investigation agencies in invoking confiscation under section 123 of the Customs Act, 1962 in respect of seven gold bars bearing foreign markings out of the ten bars seized.
CESTAT Kolkata held that valid specific license required for import of old and used worn clothing articles. Accordingly, redemption fine @10% and penalty @5% imposed for failure to comply with licensing requirement.
CESTAT Kolkata held that keeping in view the common parlance usage of material as bed sheets and the same can be sold in market as bed sheet, the goods are classified under Customs Tariff Heading 6304 and not under Customs Tariff Heading 54.07.
CESTAT Mumbai held that allegation of mis-declaration and duty demand thereon not sustained as department doesn’t challenged transaction value. Further, importer duly mentioned value of all the imported goods in the invoice. Hence, duty demand not sustained.
Assessee, to avoid delay and demurrage charges, cleared the goods on payment of the enhanced customs duty, under protest, and requested the lower authority to issue the order(s) of assessment under Section 17(5) of the Customs Act, 1962.
CESTAT Bangalore held that DLP data projectors having additional facility of video port are classifiable under CTH 8528 6100 and not under 8528 6900 and accordingly, benefit of notification no. 24/2005-Cus dated 01.03.2005 extended to its import.
CESTAT Kolkata held that penalty u/s. 114 of the Customs Act imposable on customs broker and intermediary with regard to non-compliance of their duty of fulfilling KYC requirement. Accordingly, penalty reduced to INR 4 Lakhs.
