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Revenue must establish tariff reclassification through evidence...

Tariff reclassification burden required article-specific evidence, defeating extended limitation, confiscation, and penalties for imported vehicle parts.

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Customs September 25, 2026 Case Laws AT
Revenue must establish tariff reclassification through evidence of each imported article's objective characteristics, applicable tariff entries, Section Notes and Explanatory Notes; representative sampling, undisclosed website material and unreasoned end-use assertions were insufficient. The proposed reclassification and consequential denial of concessional duty failed. Extended limitation required pleaded and proven collusion, wilful misstatement or suppression; a corrigendum could not add new articles or bills of entry, and charges first introduced through it ran from its date. The extended-period demand was unavailable. Duty determination had to reconcile annexures and appropriate verified payments, so the unreconciled demand failed. Incorrect tariff classification without false description or exemption breach did not justify confiscation, redemption fine, penalty or consequential interest; these were set aside, subject to any timely verified residual short-payment determination.

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Acts Income Tax