Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Exotic birds and mammals not being notified goods under Section 123 of the Customs Act, the burden remained on the Revenue to prove their smuggled character. The Tribunal found that the supplier's statement and the domestic supply chain explained possession, while no independent corroborative evidence showed illegal importation; mere suspicion or alleged foreign origin was insufficient. On that basis, confiscation of the seized birds and mammals was set aside, the penalty failed with the smuggling case, and the vehicle could not be confiscated once the main allegation collapsed. Release of the goods and vehicle was upheld.
Exotic birds and mammals not being notified goods under Section 123 of the Customs Act, the burden remained on the Revenue to prove their smuggled character. The Tribunal found that the supplier's statement and the domestic supply chain explained possession, while no independent corroborative evidence showed illegal importation; mere suspicion or alleged foreign origin was insufficient. On that basis, confiscation of the seized birds and mammals was set aside, the penalty failed with the smuggling case, and the vehicle could not be confiscated once the main allegation collapsed. Release of the goods and vehicle was upheld.
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