CESTAT adjudicated a case involving misdeclaration of an ...

Imported Vehicle Misdeclaration Leads to Full Customs Duty Liability Under Section 125(2) for Vehicle Owner

May 16, 2025

Case Laws     Customs     AT

CESTAT adjudicated a case involving misdeclaration of an imported second-hand vehicle as new, resulting in confiscation. The tribunal affirmed the appellant's ownership based on vehicle registration and determined mandatory customs duty liability under Section 125(2). The court conclusively held that the appellant, as the vehicle's owner, cannot escape paying differential duty and charges upon redemption. The Commissioner(Appeals)'s order for de novo adjudication was upheld, and the appellant's appeal was dismissed, establishing the inescapable duty payment obligation regardless of initial misdeclaration circumstances.

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