Topic

Section 110 Customs Act

2 articlesLatest May 2026
Provisional Release of Medical Gloves | No Misclassification or Port Restriction Violation Without Duty Evasion or Health Risk : CESTAT Allahabad
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Provisional Release of Medical Gloves | No Misclassification or Port Restriction Violation Without Duty Evasion or Health Risk : CESTAT Allahabad

CESTAT Allahabad upholds the provisional release of Class-A medical gloves, rejecting customs' arguments on misclassification, labelling non-compliance, and port restrictions. The tribunal ruled that absent evidence of duty evasion or health risks, detention of goods under Rule 43A of the Drugs and Cosmetics Rules, 1945, is unjustified, reinforcing procedural fairness in customs assessments.

Section 110 Customs Act | Reasonable Belief Must Exist at Time of Seizure, Not Post-Facto : CESTAT Allahabad
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Section 110 Customs Act | Reasonable Belief Must Exist at Time of Seizure, Not Post-Facto : CESTAT Allahabad

CESTAT Allahabad rules that customs authorities cannot justify seizure of goods based on post-facto evidence; the 'reasonable belief' of smuggling must exist at the time of seizure under Section 110. The judgment sets a critical precedent for importers and enforcement agencies, requiring contemporaneous evidence to uphold seizures.