Digambar Warty S/O Madhavan Warty vs District Registrar Bangalore Urban ... on 7 December, 2012
application only in a situation of misclassification and not mis-declaration and that the words 'mis-classification or otherwise of goods' are used ... deliberate and designed to avoid payment of customs duty. In case of mis-classification, it may be bona fide case of wrong classification
about the
true nature of the said products from the department by
mis-classifying with an intention to pay duty at lesser
rate instead ... department not initiated
the verification on the issue the fact of mis-classification
and payment at concessional rate of duty would have
gone un-noticed
about the
true nature of the said products from the department by
mis-classifying with an intention to pay duty at lesser
rate instead ... department not initiated
the verification on the issue the fact of mis-classification
and payment at concessional rate of duty would have
gone un-noticed
required to give the description and turnover of
each goods, the classification made with
reference to entries in the Schedule to the Act ,
the point ... account of the dealer
mis-classifying taxable goods as non-taxable and
can also happen on account of mis-classification
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of taxable goods
Agent has failed to
give the correct description of goods and correct
classification was not declared. The Tribunal has
failed to record any finding with ... impugned Order;
the respondent has colluded with the importer in
mis-declaration and mis-classification of goods with
an intent to evade the customs duty
been detected by
assessing officers. I find that because of
camouflaging and mis-statement of
description the fraud escaped the notice of
assessing officers ... detailed consideration of the matter, has found that
there was mis-classification of the goods imported
resulting in short payment of duty to the extent