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Customs exemption for paver finishers requires the imported machine itself to meet the prescribed paving-width condition when presented for import. Strict construction places the burden on the importer to prove compliance; bolt-on extensions not disclosed in the invoice cannot expand eligibility. The imported machine's undisclosed paving capability constituted misdeclaration, supporting extended-period duty recovery against the importing company. Personal penalty requires a specific allegation and finding of the director's act or omission contributing to the misdeclaration. In the absence of such individualised findings, the director's penalty was deleted, while exemption denial and the extended-period demand remained upheld.
Customs exemption for paver finishers requires the imported machine itself to meet the prescribed paving-width condition when presented for import. Strict construction places the burden on the importer to prove compliance; bolt-on extensions not disclosed in the invoice cannot expand eligibility. The imported machine's undisclosed paving capability constituted misdeclaration, supporting extended-period duty recovery against the importing company. Personal penalty requires a specific allegation and finding of the director's act or omission contributing to the misdeclaration. In the absence of such individualised findings, the director's penalty was deleted, while exemption denial and the extended-period demand remained upheld.
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TaxTMI 
TaxTMI 
of 4878 
