Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Primary issue: propriety of conditions for provisional release where investigation, sampling and testing (including absence of Textile Committee opinion and incomplete parameter testing) and valuation were challenged; Tribunal found investigative and testing gaps and that the goods are not intrinsically prohibited and the importer is established, so harsh, impracticable conditions are inappropriate - result: conditions modified rather than quashed. Secondary issue: adequacy of safeguard for Revenue given alleged mis-declaration and possible misuse of AEO status; Tribunal held Revenue's concern merits security, directing a bond for full value and a bank guarantee equal to 30% of estimated duty, while all other release conditions remain intact and goods are to be released within two weeks. - CESTAT
Primary issue: propriety of conditions for provisional release where investigation, sampling and testing (including absence of Textile Committee opinion and incomplete parameter testing) and valuation were challenged; Tribunal found investigative and testing gaps and that the goods are not intrinsically prohibited and the importer is established, so harsh, impracticable conditions are inappropriate - result: conditions modified rather than quashed. Secondary issue: adequacy of safeguard for Revenue given alleged mis-declaration and possible misuse of AEO status; Tribunal held Revenue's concern merits security, directing a bond for full value and a bank guarantee equal to 30% of estimated duty, while all other release conditions remain intact and goods are to be released within two weeks. - CESTAT
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