Penalties u/s 112 and section 114AA of Customs Act, 1962 - ...
Customs
April 17, 2024
Penalties u/s 112 and section 114AA of Customs Act, 1962 - classification of goods imported under duty exemption entitlement certificate (DEEC) scheme - The tribunal finds fault with the reclassification adopted in the impugned order, as it fails to specify the tariff item and associated rate of duty, as required by the Customs Act. Moreover, the tribunal highlights the lack of clarity in distinguishing between alloy and non-alloy steel and criticizes the simultaneous application of valuation rules, which runs counter to prescribed procedures. The tribunal concludes that the reclassification lacks legal validity. - Due to foundational lacunae and subsequent developments, the tribunal sets aside the order and directs a rehearing of the matter, allowing both parties to present their arguments afresh.
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