Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Mere issuance of professional certificates without collusion does not satisfy the knowledge or abetment elements required for penalty under the Customs provision cited; therefore confiscation/liability claims fail on lack of evidence and statutory mens rea, and the appellant's penalties were set aside. The tribunal nevertheless found negligent professional conduct for inadequate due diligence in issuing certificates and admonished caution in future. The decision followed precedent mitigating penalties where absence of collusion or knowing dealing with offending goods is established.
Mere issuance of professional certificates without collusion does not satisfy the knowledge or abetment elements required for penalty under the Customs provision cited; therefore confiscation/liability claims fail on lack of evidence and statutory mens rea, and the appellant's penalties were set aside. The tribunal nevertheless found negligent professional conduct for inadequate due diligence in issuing certificates and admonished caution in future. The decision followed precedent mitigating penalties where absence of collusion or knowing dealing with offending goods is established.
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