Scribd Logo
Upload

Welcome to Scribd!

  • 13

    Uploaded by

    RAMKESH DIWAKAR
    10 views1 page
    Importer Oriental Dragon India Private Limited imported cashew nuts and kernels but grossly misdeclared the goods. Upon inspection, it was found that only a small portion were raw cashew nuts as declared, while the majority were cashew kernels which are prohibited at the declared import price. As a result, the importer was found to have misdeclared the goods to evade customs duties and import regulations. The value and classification of the goods was redetermined, the goods were confiscated, import duties were imposed, and a penalty was levied on the importer for the misdeclaration.

    Original Description:

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Importer Oriental Dragon India Private Limited imported cashew nuts and kernels but grossly misdeclared the goods. Upon inspection, it was found that only a small portion were raw cashew nuts as declared, while the majority were cashew kernels which are prohibited at the declared import price. As a result, the importer was found to have misdeclared the goods to evade customs duties and import regulations. The value and classification of the goods was redetermined, the goods were confiscated, import duties were imposed, and a penalty was levied on the importer for the misdeclaration.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    10 views1 page

    13

    Uploaded by

    RAMKESH DIWAKAR
    Importer Oriental Dragon India Private Limited imported cashew nuts and kernels but grossly misdeclared the goods. Upon inspection, it was found that only a small portion were raw cashew nuts as declared, while the majority were cashew kernels which are prohibited at the declared import price. As a result, the importer was found to have misdeclared the goods to evade customs duties and import regulations. The value and classification of the goods was redetermined, the goods were confiscated, import duties were imposed, and a penalty was levied on the importer for the misdeclaration.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Importer Oriental Dragon India Private Limited (IEC No.

    0516958704) filed a
    Bill of Entry (No. 9839298 dated 03.08.2022) for clearance of raw cashew
    nuts in shell with the help of Custom Broker M/s Zeal Shipping And Clearing
    Agency. The assessable value of the goods was Rs. 37,51,790 and applicable
    customs duty was Rs. 1,87,590 claiming benefit under ASEAN-INDIAN Free
    Trade Agreement.

    The Importer self-assessed the goods as raw cashew nuts in shell (CTH
    08013100) but during verification, it was found that there was gross mis-
    declaration. Out of 540 bags, only 48 bags contained raw cashew nuts in shell
    and the remaining 492 bags contained cashew kernels in broken form. The bill
    of entry was selected for FSSAI and PQ clearance under SWIFT and was
    cleared by FSSAI. PQ clearance is yet to be received.

    The examining officer found that the goods were mis-declared as raw cashew
    nuts to classify them under CTH 08013100 to claim benefit under Notification
    No: 046/2011 Sl No: 64, to evade customs duty and IGST, and to circumvent
    Minimum Import Price (MIP).

    The imported goods were declared as 27.0 MTS of raw cashew nuts with a CIF
    value of USD 1.6 per kilogram but actual quantity was found to be 2.4 MTS of
    raw cashew nuts and 24.6 MTS of cashew kernels in broken form classifiable
    under CTH 08013210. Import of cashew kernels classified under CTH
    08013120 is prohibited if the CIF value is less than Rs. 680 per kilogram.

    Based on the above findings, the importer is liable to pay the difference in
    customs duty, IGST, and penalties as applicable. The goods are also liable for
    confiscation.

    Accordingly the adjudicating authority has rejected the declared value of Rs.
    37,51,790/- for the goods imported under Bill of Entry No. 9839298 dated
    03.08.2022. The value has been re-determined as Rs. 1,70,61,493/- under
    Rule 5 of the Customs Valuation Rules, 2007. The goods have been confiscated
    with the re-determined value and the importer, M/s Oriental Dragon India
    Private Limited, has been ordered to pay a duty of Rs. 66,58,958/- along with
    interest. A penalty of Rs. 1,70,61,493/- has been imposed on the importer for
    rendering the goods liable for confiscation under the Customs Act, 1962.

    You might also like