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october 2023

Supreme Court of India · 2023-10-06

COMMR.OF CUSTOMS (IMPORT) MUMBAI vs M/S GANPATI OVERSEAS THR. ITS PROPRIETOR SHRI YASHPAL SHARMA

Citation / case number
SC 2009/13134
Court
Supreme Court of India
Petitioner
COMMR.OF CUSTOMS (IMPORT) MUMBAI
Respondent
M/S GANPATI OVERSEAS THR. ITS PROPRIETOR SHRI YASHPAL SHARMA
Author
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
Bench
HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Judgment text excerpt

The Supreme Court examined whether the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) was justified in setting aside the enhancement of the value of imported goods and penalties imposed on the respondents for under-invoicing and duty evasion. The Tribunal's decision was based on findings that the evidence did not support the enhancement and penalties. The Court upheld the Tribunal's order, emphasizing the importance of evidence-based adjudication in customs valuation and penalty imposition.

COMMR.OF CUSTOMS (IMPORT) MUMBAI vs M/S GANPATI OVERSEAS THR. ITS PROPRIETOR SHRI YASHPAL SHARMA · Niyam