Functional, asset and risk analysis excludes diversified technology companies from captive software development comparables under cost-plus arrangemen...
Mobile-phone electronic evidence failed to establish customs undervaluation, while duty survived on non-authentic origin certificates without importer...
Automotive radio classification treats integrated infotainment features as supplementary, placing complete and qualifying unassembled units under the ...
Separate corporate personality prevents directors from being personally liable for company deposits without a guarantee or independent legal undertaki...
Cross-segment derivatives manipulation: integrated order patterns can support interim restraints, while director liability requires responsibility, co...
Confiscation in rem may validly apply to foreign-origin goods concealed in an import consignment that remain uncleared for home consumption, regardless of whether the named consignee qualifies as an importer. Personal penalties under sections 112(a) and 114AA require evidence that the consignee or partner ordered the goods, committed or abetted the offending act, or knowingly used a false declaration. Naming in a bill of lading alone does not establish importer status or knowledge. Untested witness statements and electronic correspondence lacking statutory proof cannot sustain penalties; confiscation remained valid while penalties were set aside.
Confiscation in rem may validly apply to foreign-origin goods concealed in an import consignment that remain uncleared for home consumption, regardless of whether the named consignee qualifies as an importer. Personal penalties under sections 112(a) and 114AA require evidence that the consignee or partner ordered the goods, committed or abetted the offending act, or knowingly used a false declaration. Naming in a bill of lading alone does not establish importer status or knowledge. Untested witness statements and electronic correspondence lacking statutory proof cannot sustain penalties; confiscation remained valid while penalties were set aside.
Note: It is a system-generated summary and is for quick reference only.