News Update

PM-STIAC discusses accelerating Industry-Academia Partnership for Research and InnovationIndia, Singapore hold dialogue over cyber policy44 bids received under 10th Round of Commercial Coal Mine AuctionsCops arrest former Dy PM of Nepal in cooperative fraud casePuri highlights India's Petrochemical potential at India Chem 2024UN reports record high cocaine production in ColombiaMinister unveils 'Aviation Park' showcasing India's Aviation HeritageED finds PFI wanted to start Islamic movement in IndiaBlocking Credit - Rule 86ASEBI says investors can use 3-in-1 accounts to apply online for securitiesI-T- Penalty u/s 271(1)(b) need not be imposed when assessee moved an adjournment application & later complied with notice u/s 142(1): ITAT4 Kanwariyas killed as vehicle runs over them in Banka, BiharI-T- Accounting principles do not prescribe maintaining of a day-to-day stock register, and the books of accounts cannot be rejected on this basis alone: ITATUN food looted and diverted to army in EthiopiaCus - Alleged breach of conditions for operating public bonded warehouse; CESTAT rightly rejected allegations, having found no evidence of any such breach: HCUS budget deficit surges beyond USD 1.8 trillionST - Onus for proving admissibility of Cenvat Credit rests with service provider under Rule 9(6) of the Cenvat Credit Rules, 2004: CESTATIf China goes into Taiwan, Trump promises to impose additional tariffsRussians love Indian films; Putin lauds BollywoodCus - Classification of goods is to be determined in accordance with Customs Tariff Act & General Interpretative Rules; Country-of-Origin Certificate may offer some guidance, but cannot solely dictate classification: CESTATCus - Benefit of such Country-of-Origin certificates cannot be denied if all relevant conditions are met under the applicable Customs Tariff rules: CESTATCuban power grid collapses; Country plunges into darknessCus - As per trite law, merely claiming a classification or exemption does not constitute mis-declaration or suppression - any misclassification does not equate to willful intent to evade duty: CESTATKarnataka mulling over 2% fee on aggregator platforms to bankroll gig worker welfare fundCus - Extended limitation cannot be invoked in case of assessee who is a regular importer with a consistent classification approach: CESTAT
 
Delhi ICD Customs seizes 15450 kg of Red Corals smuggled from China 

By TIOL News Service

NEW DELHI, FEB 14, 2016: WILDLIFE trafficking is globally a huge business. Although it is difficult to estimate the exact value of such smuggling as a major part of such trade is done through legal trade route but it is guesstimated that it is worth more than USD 10 bn. This brings us to the latest case booked by the Delhi ICD Tughlakhabad Customs. Acting on intelligence that some importers were trying to smuggle in corals, a restricted item as per CITES, a close watch was kept at some containers coming from China and as soon as Bill of Entry was filed, the Customs sleuths pounced on the importer who had declared the item as Shilajit Stone!

On examination, although some quantity of stone was found but what widened the eyebrows was the presence of 15450 kg of Red Corals. Experts of Wildlife Crime Control Bureau were called on the spot and after examining the goods, they certified the item under Import as Organ Pipe Coral (Tubiporidae). Organ Pipe Coral (Tubiporidae) are covered under Appendix –II of CITES (other than fossils) which required CITES documents for export from exporting country and is a restricted item under CITES.

The value of Organ Pipe Coral (Tubiporidae) was estimated to Rs. 1.86 Crores.

As per the Customs Press Release, in his voluntary statement under Section 108 of the Customs Act 1962, the Proprietor of M/s Vijay Sons, Delhi admitted the presence of un-declared CORALs in the consignment. He also admitted about not possessing any Export Certificate as required under CITES.

Mr Kamal Jyoti, Chief Commissioner of Customs (Delhi Zone) informed that in a follow up action during search of the office cum godown of the importer, a large number of Deer Antlers (23.320 Kgs) which is a protected item under Wild Life Protection Act, 1972 were also recovered and seized.

The department has taken a slew of measures for ease of doing business and about 65% of bills of entry filed for home clearance are being assessed by an online system devised by Risk Management Division (RMD). These bills of entry are assessed and allowed clearance without any examination in the Import Shed. The department has reposed complete faith in the Importers about truthfulness of declarations for their import consignments and there is increasing trend towards assessment and clearance through this route. Simultaneously, a strict vigil is also being kept on unscrupulous elements attempting fraudulent imports through ICD-Imports, Tughlakabad, Delhi without disturbing the momentum of speedier clearances. In this Bill of Entry which was also under RMS the importer has breached the trust of the department and resorted to import of an item which is covered under CITES.

The importer was produced before the Judicial magistrate on 12.2.2016 and he was remanded to judicial custody.

The Chief Commissioner of Customs (Delhi Zone), New Delhi informed that it was a landmark case in the entire South Asia. Illegal trade of prohibited/restricted marine adversely affects global environment and already fragile ecosystem. Amidst rising concerns about climate change, the department has to be highly sensitive to all issues as outlined in Convention on International Trade in Endangered Species (CITES) and exhorted officers to counter all attempts at illegal activities involving violation of CITES with a iron hand. Mr Jyoti also informed that the department is committed towards facilitation of genuine importers and exporters and the Govt. Initiative towards ease of doing business have been implemented in letter and spirit but the same should not be misused by any unscrupulous importers.


POST YOUR COMMENTS
   

TIOL Tube Latest

Shri Samrat Choudhary, Hon’ble Deputy CM & FM of State of Bihar, delivering inaugural speech at TIOL Tax Congress 2024.



Justice A K Patnaik, Mentor to Hon'ble Jury for TIOL Awards 2024, addressing the gathering at the event.