Proportionality in company penalty quantification requires aggravating and mitigating factors; mechanical multiplication of director liability is impe...
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Imported goods found in excess of the declared quantity may not justify confiscation or penalty where the supplier's invoice and packing list support the declaration and no evidence shows that the importer ordered or deliberately suppressed the excess goods. Valuation enhancement should rest on a specified Customs Valuation Rules, 2007 basis or identifiable contemporaneous data for identical goods. Redemption fine requires determination of market price and margin of profit; without those findings, the fine is not sustainable. The notes also indicate that penalty for misdeclaration requires established evidence of misdeclaration.
Imported goods found in excess of the declared quantity may not justify confiscation or penalty where the supplier's invoice and packing list support the declaration and no evidence shows that the importer ordered or deliberately suppressed the excess goods. Valuation enhancement should rest on a specified Customs Valuation Rules, 2007 basis or identifiable contemporaneous data for identical goods. Redemption fine requires determination of market price and margin of profit; without those findings, the fine is not sustainable. The notes also indicate that penalty for misdeclaration requires established evidence of misdeclaration.
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