Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Appeal concerns undervaluation and transaction value in customs; tribunal addressed admissibility of third-party documents and statements and the burden of proof on revenue to establish under-valuation using contemporaneous imports, finding reliance on common documentary evidence. A partners acceptance of undervaluation and payment of differential duty, interest and reduced penalty under statute was treated as corroborative, and earlier tribunal precedent affirmed by the Supreme Court was applied to the present matters. Consequentially the impugned order was set aside and both appeals were allowed with attendant benefits where applicable.
Appeal concerns undervaluation and transaction value in customs; tribunal addressed admissibility of third-party documents and statements and the burden of proof on revenue to establish under-valuation using contemporaneous imports, finding reliance on common documentary evidence. A partners acceptance of undervaluation and payment of differential duty, interest and reduced penalty under statute was treated as corroborative, and earlier tribunal precedent affirmed by the Supreme Court was applied to the present matters. Consequentially the impugned order was set aside and both appeals were allowed with attendant benefits where applicable.
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