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The Appellate Tribunal addressed multiple issues raised in the ...


Tribunal Overturns RPO Valuation, Supports Appellant's Classification; Dismisses Mis-declaration Penalties.

March 28, 2024

Case Laws     Customs     AT

The Appellate Tribunal addressed multiple issues raised in the appeals concerning the classification of Rubber Processing Oil (RPO), enhancement of its imported value, mis-declaration of the country of origin, and the imposition of penalties and redemption fine. On the classification issue, the tribunal found that proper testing methods were not followed by the revenue, leading to the classification of RPO under Chapter Heading No. 27101990 as per the appellant's claims. Similarly, the enhancement of value based solely on consent letters was deemed improper without following due valuation procedures, leading to the decision to set aside the enhancement. Regarding the mis-declaration of the country of origin, the tribunal concluded that no preferential rates of duty were claimed, and any mis-declaration did not impact revenue, thus relieving the appellant of penalties.

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