Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Challenge to imposition of a regulatory penalty under Regulation 18 for an alleged breach of the broker due diligence obligation in Regulation 10(m): the tribunal observed that parallel charges against others were dropped and the importer obtained relief, and that the adjudicator had adopted a lenient approach in related proceedings. Because the penalty rested on a finding that the broker knowingly fabricated or concealed the original contract and failed to exercise due diligence, which was undermined by the dropped charges and importer relief, the tribunal found the penalty unsustainable and set aside the order, allowing the appeal.
Challenge to imposition of a regulatory penalty under Regulation 18 for an alleged breach of the broker due diligence obligation in Regulation 10(m): the tribunal observed that parallel charges against others were dropped and the importer obtained relief, and that the adjudicator had adopted a lenient approach in related proceedings. Because the penalty rested on a finding that the broker knowingly fabricated or concealed the original contract and failed to exercise due diligence, which was undermined by the dropped charges and importer relief, the tribunal found the penalty unsustainable and set aside the order, allowing the appeal.
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