The appellant imported pneumatic tyres without the mandatory ...
Imported tyres sans mandatory BIS marking confiscated; penalties upheld over mis-declaration and public safety risks.
December 19, 2024
Case Laws Customs AT
The appellant imported pneumatic tyres without the mandatory Bureau of Indian Standards (BIS) markings, violating the provisions of the BIS Act and the Pneumatic Tyres and Tubes of Automatic Vehicles (Quality Control) Order, 2009. The imported tyres were held to be "prohibited goods" u/s 2(33) of the Customs Act, 1962, liable for confiscation u/s 111. The appellant also mis-declared the quantity, quality, and valuation of the imported goods. The Tribunal upheld the absolute confiscation of the goods, imposition of penalties u/ss 112(a)(i) and 114AA of the Customs Act, and rejected the appellant's plea for redemption of the goods, citing public safety concerns and the risk of the goods falling into unauthorized hands.
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