Topic

High Sea Sales

2 articlesLatest 5 days ago
Customs Act | Joint Several Demand on High Sea Seller's Director Impermissible; Recovery Only From Actual Importer : CESTAT Kolkata
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Customs Act | Joint Several Demand on High Sea Seller's Director Impermissible; Recovery Only From Actual Importer : CESTAT Kolkata

The tribunal ruled that customs duty can only be recovered from the actual importer of goods, not from directors of companies that sold title documents on the high seas. This bars revenue from issuing joint several demands against high sea sellers' directors, protecting corporate officers from liability for obligations that legally belong solely to the importer.

Section 111(d) Customs Act | High Sea Sales via State Trading Enterprises Valid Despite Foreign Trade Policy Restrictions : CESTAT Ahmedabad
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Section 111(d) Customs Act | High Sea Sales via State Trading Enterprises Valid Despite Foreign Trade Policy Restrictions : CESTAT Ahmedabad

CESTAT Ahmedabad rules that imports of Technical Grade Urea through State Trading Enterprises under high sea sales do not violate the Foreign Trade Policy, even without a DGFT license. The tribunal set aside confiscation and penalty orders, clarifying that such transactions are permissible under Section 111(d) of the Customs Act, impacting importers relying on high sea sales mechanisms.