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...
Misdeclaration of imported goods in quantity, description and valuation justified rejection of the declared transaction value, as the importer's unretracted Section 108 statement admitted the errors and accepted reassessment. The Tribunal held that admitted facts required no further proof and that, where identical goods data was unavailable, value could be redetermined under Rule 5 using contemporary import data of similar goods. In a self-assessment regime, the importer remained responsible for correct declaration and could not avoid liability by blaming the supplier. On that basis, confiscation under Sections 111(l) and 111(m), redemption fine and penalty under Section 114A were upheld, and the appeal was dismissed.
Misdeclaration of imported goods in quantity, description and valuation justified rejection of the declared transaction value, as the importer's unretracted Section 108 statement admitted the errors and accepted reassessment. The Tribunal held that admitted facts required no further proof and that, where identical goods data was unavailable, value could be redetermined under Rule 5 using contemporary import data of similar goods. In a self-assessment regime, the importer remained responsible for correct declaration and could not avoid liability by blaming the supplier. On that basis, confiscation under Sections 111(l) and 111(m), redemption fine and penalty under Section 114A were upheld, and the appeal was dismissed.
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