Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Penalty under Section 112(a) was held unsustainable against a Customs House Agent who only assisted in filing the Bill of Entry on a self-declared basis. The Tribunal found no corroborative evidence that the CHA had prior knowledge of the concealment of the smuggled goods, and noted that the penalty against the alleged mastermind had already been set aside. It also considered that no proceedings had been initiated against the CHA under the Customs Broker Licensing Regulations. In the absence of proof of knowledge of concealment and licensing-regulation action, the penalty was set aside and the appeal was allowed.
Penalty under Section 112(a) was held unsustainable against a Customs House Agent who only assisted in filing the Bill of Entry on a self-declared basis. The Tribunal found no corroborative evidence that the CHA had prior knowledge of the concealment of the smuggled goods, and noted that the penalty against the alleged mastermind had already been set aside. It also considered that no proceedings had been initiated against the CHA under the Customs Broker Licensing Regulations. In the absence of proof of knowledge of concealment and licensing-regulation action, the penalty was set aside and the appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
