Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Immediate suspension of a customs broker licence under the licensing regulations requires appropriateness, an evidential basis linking the broker to the alleged misconduct, and compliance with procedural safeguards including a post-decisional hearing and recorded reasons when continuing suspension; the Tribunal found the impugned continuing suspension legally unsustainable because the order failed to demonstrate necessity, did not record reasons, lacked evidence that the appellants handled the impugned imports, and predated the show-cause notice; the Tribunal set aside the suspension, directed completion of the pending licensing inquiry expeditiously, and permitted the appellants to resume brokering business pending that inquiry.
Immediate suspension of a customs broker licence under the licensing regulations requires appropriateness, an evidential basis linking the broker to the alleged misconduct, and compliance with procedural safeguards including a post-decisional hearing and recorded reasons when continuing suspension; the Tribunal found the impugned continuing suspension legally unsustainable because the order failed to demonstrate necessity, did not record reasons, lacked evidence that the appellants handled the impugned imports, and predated the show-cause notice; the Tribunal set aside the suspension, directed completion of the pending licensing inquiry expeditiously, and permitted the appellants to resume brokering business pending that inquiry.
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