Dockett v The Director of Border Force (Excise Duty Restoration of Vehicle (See Also Excise Appeal) : Review Directed): FTTTx 18 Dec 2018

EXCISE DUTY – seizure of private car carrying excisable goods liable to forfeiture – request for restoration of car – restoration refused – discretion of UK Border Force – whether or not decision of reviewing officer reasonable – held not – direction that Commissioners should conduct a further review of the original decision

[2018] UKFTT 748 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 01 January 2022; Ref: scu.632442

Tirma v Administracion General del Estado: ECJ 29 Feb 1996

Protocol No 2 to the Act of Accession of Spain and Portugal – Canary Islands – Customs territory of the Community – Processed agricultural products – Exemption from customs duties – Article 5 of Regulation (EEC) No 3033/80 – Variable component.

C-300/94, [1996] EUECJ C-300/94
Bailii
European

Customs and Excise

Updated: 01 January 2022; Ref: scu.161461

Worx Food and Beverage Bv v Revenue and Customs (Excise Duty Restoration of Goods (See Also Excise Appeal) : Dismissed On Facts): FTTTx 5 May 2015

EXCISE DUTY – Seizure of mixed wines found on a trailer and mixed beers found on another trailer – Duplicate use of ARC numbers – Whether the decisions not to restore goods proportionate and reasonably made – Yes – Appeal dismissed

[2015] UKFTT 192 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 30 December 2021; Ref: scu.547421

Savage (T/A Wheels Abroad) v Revenue and Customs (Customs Duty : Reliefs): FTTTx 7 May 2015

FTTTx Import Duty and Value Added Tax – Whether re-importation of German manufactured cars, that had been exported to the USA, into the UK for re-export back to Germany attracted Returned Goods Relief from import duty and onward supply relief for VAT purposes – Appeal allowed in part

[2015] UKFTT 199 (TC)
Bailii
England and Wales

VAT, Customs and Excise

Updated: 30 December 2021; Ref: scu.547417

John v The Commissioner for Her Majesty’s Revenue and Customs (Excise Duty Tobacco : Hand Rolling): FTTTx 11 May 2015

FTTTx Excise Duty – importation of tobacco products – appeal against assessment – – cross application to strike out – no reasonable prospect of the Appellant’s case succeeding – appeal struck out.

[2015] UKFTT 198 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 30 December 2021; Ref: scu.547404

Keary and Another v The Director of Border Revenue and Revenue and Customs (Excise Duty Restoration of Vehicle (See Also Excise Appeal) : Other): FTTTx 11 May 2015

FTTTx EXCISE DUTY – seizure and condemnation of imported tobacco and vehicle – seizure of excise goods and vehicle not contested – tobacco and vehicle deemed condemned as forfeit – request for restoration of vehicle refused – duty assessed and penalties imposed – appeals against assessments for duty struck out previously – appeals against refusal to restore vehicle and penalties – whether decision to refuse restoration reasonable – no – whether reasonable excuse or special circumstances – no – appeal allowed in part

[2015] UKFTT 208 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 30 December 2021; Ref: scu.547405

Pemberton v Revenue and Customs (Excise Duty Civil Penalty (See Also Excise Hydrocarbon Oil [Duty]) : Evasion): FTTTx 7 May 2015

FTTTx EXCISE DUTY – civil evasion penalty – dishonestly engaged in conduct for the purpose of evading duty – appellant liable to penalty relating to all goods involved although others may have been involved – appeal dismissed

[2015] UKFTT 193 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 30 December 2021; Ref: scu.547413

Alco Trade Limited v Director of Border Revenue: FTTTx 13 May 2015

EXCISE DUTY – Seizure of 6,360 litres of mixed vodka – Whether the decisions not to restore goods proportionate and reasonably made – No – Whether exceptional hardship – Yes – Appeal allowed – Excise Duty Restoration of Goods (See Also Excise Appeal) : New Review On Facts

[2015] UKFTT 217 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 30 December 2021; Ref: scu.547391

Grimshaw v Home Office: FTTTx 25 Apr 2015

EXCISE DUTY – excise goods seized from the appellant – decision refusing restoration of goods – appellant successful in condemnation proceedings – jurisdiction of the tribunal to award compensation or other remedy – appeal allowed – declaration that review decision unreasonable – no further remedy

[2015] UKFTT 178 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 30 December 2021; Ref: scu.547372

Henn-Macrae v Revenue and Customs: FTTTx 15 Mar 2012

TTTx Excise duty – Penalty for failure to supply requested information – section 9 FA 1994 – whether requested information reasonably required – section 118B CEMA 1979 – whether provision of requested information prohibited by the Data Protection Act 1998 – whether penalty disproportionate

[2012] UKFTT 199 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 30 December 2021; Ref: scu.462618

Mosson v Revenue and Customs (Excise Duty Tobacco : Hand Rolling): FTTTx 10 Sep 2020

Excise Duty – tobacco products seized – appeal against assessment and wrongdoing penalties – no challenge of seizure in Magistrates Court – provisions of Schedule 3 CEMA 1979 considered – HMRC failed to give notice of seizure – whether such failure permitted the tribunal to consider the appellant’s grounds of appeal that the goods were for his personal use – yes – whether personal use – yes – whether the assessment was correct – no – whether special circumstances – yes – penalty discharged – appeal allowed

[2020] UKFTT 359 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 29 December 2021; Ref: scu.654109

TMK Europe v Hauptzollamt Frankfurt (Oder): ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Dumping – Imports of certain pipes and tubes of iron or steel – Regulation (EC) No 384/96 – Article 3(7) – Damage to industry – Known factors – Causal link – Failure to take into account an investigation into anti-competitive practices by Community undertakings in the relevant sector – Regulation (EC) No 2320/97 – Validity

J-C Bonichot (Rapporteur), P
C-143/14, [2015] EUECJ C-143/14, ECLI:EU:C:2015:236
Bailii
Regulation (EC) No 384/96
European

Customs and Excise

Updated: 29 December 2021; Ref: scu.545453

Schenker Customs Agency v Commission: ECFI 16 Apr 2015

ECJ Judgment – Customs Union – clearance recovery of import duties – Imports of glyphosate from Taiwan – Application for remission of import duties presented by a customs agent – Article 239 of Regulation (EEC) No 2913/92 – Clause equity – Existence of a special situation – free circulation Statements – false certificates of origin – Notion of manifest negligence – Commission decision declaring unjustified remission of

Frimodt S. Nielsen, P
T-576/11, [2015] EUECJ T-576/11, ECLI: EU: T : 2015: 206
Bailii

European, Customs and Excise

Updated: 29 December 2021; Ref: scu.545452

Young v The Home Office: FTTTx 23 Mar 2015

FTTTx Restoration appeal – Claim by appellant for restoration of suitcase and contents – Whether Tribunal has jurisdiction to hear appeal – No evidence of seizure that could engage Customs and Excise Management Act 1979 and/or Finance Act 1994 – Not within jurisdiction of Tribunal – Appeal struck out under rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009

[2015] UKFTT 133 (TC)
Bailii
Customs and Excise Management Act 1979
England and Wales

Customs and Excise

Updated: 29 December 2021; Ref: scu.545100

Chin Haur Indonesia v Council: ECFI 19 Mar 2015

ECJ Judgment – Dumping – Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia – Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China – Circumvention – Failure to cooperate – Articles 13 and 18 of Regulation (EC) No 1225/2009 – Obligation to state reasons – Error of assessment

T-412/13, [2015] EUECJ T-412/13, ECLI:EU:T:2015:163
Bailii
Regulation (EC) No 1225/2009 13 18
European

Commercial, Customs and Excise

Updated: 29 December 2021; Ref: scu.544887

City Cycle Industries v Council: ECFI 19 Mar 2015

ECJ Judgment – Dumping – Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia – Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China – Circumvention – Failure to cooperate – Article 13 of Regulation (EC) No 1225/2009 – Obligation to state reasons – Error of assessment – Equal treatment – Access to the file

T-413/13, [2015] EUECJ T-413/13
Bailii
European

Customs and Excise

Updated: 29 December 2021; Ref: scu.544888

RCM Worldwide Trading Ltd v Revenue and Customs: FTTTx 13 Mar 2015

FTTTx Excise Duty – warehouse – application for registration as an owner of goods under the Warehouse Keepers and Owners of Goods Regulation 1999 (‘WOWGR’) – whether decision of HMRC could reasonably have been arrived at – jurisdiction of Tribunal – appropriate remedy under section 16(4) Finance Act 1994 – appeal refused

[2015] UKFTT 118 (TC)
Bailii
Warehouse Keepers and Owners of Goods Regulation 1999
England and Wales

Customs and Excise

Updated: 28 December 2021; Ref: scu.544592

RFA International v Commission: ECFI 17 Mar 2015

ECJ Judgment – Dumping – Imports of ferro-silicon originating in Russia – Refusal of applications for a refund of anti-dumping duties paid – Calculation of the export price – Single economic entity – Calculation of the dumping margin – Application of a methodology different from that used in the original investigation – Change in circumstances – Article 2(9) and Article 11(9) of Regulation (EC) No 1225/2009

M.E. Martins Ribeiro (Rapporteur), P
T-466/12, [2015] EUECJ T-466/12
Bailii
European

Customs and Excise

Updated: 28 December 2021; Ref: scu.544345

Vestel Iberia v Commission: ECFI 12 Mar 2015

ECJ Judgment – Action for annulment – Customs union – Post-clearance entry in the accounts and remission of import duties – Colour television receivers originating in Turkey – Application for remission of customs duties submitted by two importers – Commission’s referral of the national authorities to a decision concerning another importer – Article 871(2) and (6) and Article 905(2) and (6) of Regulation (EEC) No 2454/93 – Lack of direct concern – Inadmissibility

T-249/12, [2015] EUECJ T-249/12
Bailii
European

Customs and Excise

Updated: 28 December 2021; Ref: scu.544347

Vario Tek v Hauptzollamt Dusseldorf: ECJ 5 Mar 2015

ECJ Judgment – Preliminary reference – Customs Union and the Common Customs Tariff – Combined Nomenclature – Tariff classification – 8525 80 Position – Television cameras, digital cameras and camcorders – Subheadings 8525 80 91 and 8525 80 99 – Integrated Video cameras in sports eyewear – Function optical zoom ‘- Saving files from external sources

J-C Bonichot, P
C-178/14, [2015] EUECJ C-178/14
Bailii

European, Customs and Excise

Updated: 28 December 2021; Ref: scu.543919

Prankl: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Taxation – Directive 92/12/EEC – General arrangements for products subject to excise duty – Imposition of duty on smuggled goods – Goods released for consumption in one Member State and transported to another Member State – Determination of the competent Member State – Right of the transit State to impose duty on those goods

S. Rodin, P
C-175/14, [2015] EUECJ C-175/14
Bailii
Directive 92/12/EEC

European, Customs and Excise

Updated: 28 December 2021; Ref: scu.543916

Amoena (UK) Ltd v HM Revenue and Customs: CA 29 Jan 2015

Appeal as to the appropriate classification, and hence level of customs duty, for a mastectomy bra.

Arden, McCombe, King LJJ
[2015] EWCA Civ 25
Bailii
England and Wales
Citing:
At FTTTxAmoena (UK) Ltd v Revenue and Customs FTTTx 21-Oct-2011
CUSTOMS DUTY – Whether Mastectomy bra should be classified to commodity code 6212 1090 00 as a clothing article – whether proper to code 9021 1010 00 as an orthopaedic device – appeal dismissed . .
At UTTCAmoena (UK) Ltd v HM Revenue and Customs UTTC 12-Aug-2013
UTTC Customs duty – classification – whether mastectomy bra a brassiere under CN 6212 or an orthopaedic device etc under CN 9021 ‘ mastectomy bra an orthopaedic device under CN 9021 10 10 by virtue of Note 6 to . .

Cited by:
At CAAmoena (UK) Ltd v Revenue and Customs SC 13-Jul-2016
The court considered the proper classification under customs codes for a mastectomy bra. The First Tier Tribunal had found no evidence that it had an medical purpose beyond the containment of the breast from.
Held: The appeal succeeded.
Customs and Excise

Updated: 27 December 2021; Ref: scu.541973

Pasco v Revenue and Customs: FTTTx 6 Jan 2015

FTTTx CUSTOMS DUTY – 18 kg hand rolling tobacco for personal use of appellant, his wife and two friends, one of whom travelled with him – failed to apply to Magistrates’ Court – deemed forfeit – assessment properly raised – minimum penalty after prompting properly raised – case dismissed.

[2015] UKFTT 2 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 27 December 2021; Ref: scu.541512

Spedservice Sp Zoo v The Commissioners for Revenue and Customs: FTTTx 2 Dec 2009

EXCISE DUTY – history of appellant’s commercial vehicles being used by its drivers for smuggling cigarette – deemed forfeiture of vehicles and tobacco – vehicles previously restored to appellant for fee – appellant warned that in future vehicles may not be restored – whether non-restoration of tractor unit and trailers reasonable – appeal dismissed

[2009] UKFTT 338 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 27 December 2021; Ref: scu.409173

Dannatt v Customs and Excise: Excs 21 Dec 2001

EXCS PROCEDURE – Disclosure – European Commission Letter of Formal Notice – Appeal against decision to restore car on payment of restoration fee – Formal Letter opens enquiry into UK’s response to bootlegging leading possibly to infraction proceedings against UK – Issue in present appeal is whether UK’s policy on restoration of cars used for bootlegging is so disproportionate as to be unreasonable – Application dismissed

[2001] UKVAT-Excise E00243
Bailii
England and Wales

Customs and Excise

Updated: 27 December 2021; Ref: scu.271445

Kahl (Customs Union – Tariff Classification – Beeswax – Judgment) : ECJ 28 Oct 2021

Reference for a preliminary ruling – Customs union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff subheadings 1521 90 91 and 1521 90 99 – Interpretation of the Explanatory Notes to subheading 1521 90 99 – Beeswax melted down and solidified prior to import

C-197/20, [2021] EUECJ C-197/20
Bailii
European

Customs and Excise

Updated: 25 December 2021; Ref: scu.669986

TBA Suntra UK Ltd v Revenue and Customs: FTTTx 3 Dec 2014

FTTTX CUSTOMS DUTY – failure to accurately complete import documentation – duty assessed on subsequent review after a delay of over three years – form EUR1 said to be invalid as submitted after 10 months from importation – whether duty on HMRC to check the accuracy of import documentation – no; whether liability to duty arises despite the submission of EUR1 at the date of importation – no; review decision flawed as failed to take account of the fact of submission of EUR1.

[2014] UKFTT 1076 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 24 December 2021; Ref: scu.540316

Weddle v Revenue and Customs: FTTTx 1 Dec 2014

FTTTx Excise duties – tobacco imports – whether for private use – seizure not challenged – jurisdiction of Tribunal – Customs and Excise Management Act 1979, Sched 3, para 5 – Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – Strike-out granted

[2014] UKFTT 1065 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 24 December 2021; Ref: scu.540319

Wood v Revenue and Customs: FTTTx 1 Dec 2014

FTTTx Excise duties – tobacco imports – whether for private use – seizure not challenged – jurisdiction of Tribunal – Customs and Excise Management Act 1979, Sched 3, para 5 – Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – Strike-out granted

[2014] UKFTT 1066 (TC)
Bailii
Customs and Excise Management Act 1979, Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 8
England and Wales

Customs and Excise

Updated: 24 December 2021; Ref: scu.540321

Newman v Director of UK Border Revenue: FTTTx 2 Dec 2014

FTTTx EXCISE DUTY – importation of tobacco – notice of claim in respect of condemnation proceedings not served within 30 day time limit – tobacco and car seized- offer to restore car on payment of 100% of duty- review decision – terms of offer to restore upheld – appeal – whether review decision unreasonable – role of tribunal in finding the facts against which the reasonableness of decision is to be judged – Gora and Others v Customs and Excise Commissioners applied – irrelevant factor taken into account – would decision inevitably have been the same – yes – appeal dismissed

[2014] UKFTT 1073 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 24 December 2021; Ref: scu.540307

Fedoruk v Revenue and Customs: FTTTx 1 Dec 2014

FTTTx Excise duties – import of cigarettes – whether for personal use – seizure not challenged – jurisdiction of Tribunal – Customs and Excise Management Act 1979, Schedule 3, para 5 – Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – strike-out granted

[2014] UKFTT 1067 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 24 December 2021; Ref: scu.540297

Liquid Investments Ltd v Revenue and Customs: FTTTx 25 Mar 2014

PROCEDURE – locus standi – customer of importer appealing against Binding Tariff Information issued to importer – whether customer a competent appellant – no – Tribunal Procedure Rule 9 – whether importer can be substituted for customer – yes

[2014] UKFTT 297 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 23 December 2021; Ref: scu.525274

Southern Drinks Ltd v Revenue and Customs: FTTTx 11 Nov 2014

FTTTx EXCISE DUTY – revocation of the appellant’s registration under Warehousekeepers and Owners of Warehoused Goods Regulations 1999 – whether for ‘reasonable cause’ – appeal dismissed

[2014] UKFTT 1031 (TC)
Bailii
Warehousekeepers and Owners of Warehoused Goods Regulations 1999
England and Wales

Customs and Excise

Updated: 23 December 2021; Ref: scu.539029

Powell Gee and Company Ltd v Revenue and Customs: FTTTx 11 Nov 2014

FTTTx Customs duty – tariff classification – packages comprising waterproof plastic strapwasher, steel woodscrew and (in some cases) plastic spacer for use in fixing corrugated roofing panels in a waterproof way – whether the essential character of the packs conferred by the strapwashers (either alone or, where relevant, in combination with the spacers) – held no individual component or components confer such character – GIR Rule 3(c) therefore applies to classify the packs under the tariff heading occurring last in numerical order – appeal dismissed

[2014] UKFTT 1024 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 23 December 2021; Ref: scu.539026

Direction generale des douanes et droits indirects v Utopia: ECJ 20 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Customs union and Common Customs Tariff – Importation free of customs duties – Animals specially prepared for laboratory use – Public establishment or an authorised private establishment – Importer whose customers are such establishments – Packing materials or packing containers – Cages used for transportation of animals

A. O Caoimh, P
C-40/14, [2014] EUECJ C-40/14, ECLI:EU:C:2014:2389
Bailii

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538963

Rohm Semiconductor GmbH v Hauptzollamt Krefeld: ECJ 20 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Customs union – Tariff classification – Common Customs Tariff – Combined Nomenclature – Headings 8541 and 8543 – Modules for short-range data transmission and reception – Subheadings 8543 89 95 and 8543 90 80 – Definition of parts of electrical machinery and apparatus

C. Toader (Rapporteur), acting as P
C-666/13, [2014] EUECJ C-666/13, ECLI:EU:C:2014:2388
Bailii

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538962

Agenzia delle Dogane, Ufficio di Verona dell’Agenzia delle Dogane v ADL American Dataline Srl: ECJ 6 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Headings 8471 and 8518 – Loudspeakers reproducing sound by transforming an electromagnetic signal into sound waves, which can be connected only to a computer and marketed separately

C. Vajda (Rapporteur), P
C-546/13, [2014] EUECJ C-546/13, ECLI:EU:C:2014:2348
Bailii
Regulation (EEC) No 2658/87

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538462

Mineralquelle Zurzach v Hauptzollamt Singen: ECJ 22 Oct 2014

ECJ Preliminary reference – Common Customs Tariff – Tariff classification – Combined Nomenclature – Classification of goods – Tariff heading 2202 10 00 – Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored – Tariff heading 2202 9010 11 – Fruit juice or vegetable juice diluted with water or carbonated

A. Borg Barthet, acting as President
C-139/14, [2014] EUECJ C-139/14 – CO
Bailii

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538234

Unitrading Ltd v Staatssecretaris van Financien: ECJ 23 Oct 2014

ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Recovery of import duties – Origin of goods – Means of proof – Charter of Fundamental Rights of the European Union – Article 47 – Rights of the defence – Right to effective judicial protection – Procedural autonomy of the Member States

S. Rodin, P
C-437/13, [2014] EUECJ C-437/13
Bailii

European, Customs and Excise

Updated: 22 December 2021; Ref: scu.538007

Young v Home Office: FTTTx 3 Oct 2014

FTTTx EXCISE DUTY – excise goods seized from the appellant – decision refusing restoration of goods – appellant successful in condemnation proceedings – jurisdiction of the tribunal to award compensation or other redress – application to strike out – declaration that review decision unreasonable – remaining grounds of appeal struck out

[2014] UKFTT 930 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 22 December 2021; Ref: scu.537686

Orgacom BVBA v Vlaamse Landmaatschappij: ECJ 2 Oct 2014

ECJ (Judgment) Reference for a preliminary ruling – Charges having equivalent effect to customs duties – Internal taxes – Import levy on manure imported into the Flanders region – Articles 30 TFEU and 110 TFEU – Levy payable by the importer – Different levies on imported manure and manure produced within the Flanders region

JL da Cruz Vilaca (Rapporteur), P
C-254/13, [2014] EUECJ C-254/13
Bailii
TFEU 30

European, Customs and Excise

Updated: 22 December 2021; Ref: scu.537313

Mobarak v Director of Border Revenue: FTTTx 24 Sep 2014

Excise Duty – whether Appellant was ‘holding’ goods and whether the Appellant was in ‘possession’ of goods’ or ‘concerned in the keeping or otherwise dealing’ with goods on which excise duty was due – yes – whether penalty payable – yes – appeal disallowed.

[2014] UKFTT 914 (TC)
Bailii
England and Wales

Customs and Excise, Taxes – Other

Updated: 21 December 2021; Ref: scu.537262

Finch v Revenue and Customs: FTTTx 25 Sep 2014

FTTTx Excise duty – non-restoration of vehicle – smuggling of tobacco – whether appellant genuine third party – appellant without any knowledge of use of car for smuggling purposes and denying any involvement – review officer’s approach flawed – failed to consider relevant facts which indicated that the vehicle would not be further used for smuggling – disregarded information about hardship caused to the appellant – whether the decision not to restore the vehicle was reasonable – appeal allowed and further review directed

[2014] UKFTT 918 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 21 December 2021; Ref: scu.537255

Foster v Revenue and Customs: FTTTx 16 Sep 2014

FTTTx EXCISE DUTY – revocation of the appellant’s registration under Warehousekeepers and Owners of Warehoused Goods regulations 1999 – whether for ‘reasonable cause’ – held, yes – refusal to restore seized excise goods of the appellant following the revocation of his registration – whether unreasonable – held, no – appeals dismissed

[2014] UKFTT 900 (TC)
Bailii
Warehousekeepers and Owners of Warehoused Goods Regulations 1999
England and Wales

Customs and Excise

Updated: 21 December 2021; Ref: scu.536743

Ahmed v The Director of Border Revenue: FTTTx 10 Sep 2014

FTTTx FORFEITURE – Border Force offering to restore car for 30% of value – vehicle used to smuggle Class A drugs – whether decision unreasonable – unreasonably favourable to appellant – appeal dismissed – Border Force directed to review its policies

[2014] UKFTT 880 (TC)
Bailii
Finance Act 1994 16(4)
England and Wales

Customs and Excise

Updated: 21 December 2021; Ref: scu.536500

Devine v Revenue and Customs: FTTTx 29 Aug 2014

FTTTx EXCISE DUTY APPEAL – whether understatement of betting duty/income – no -whether amount of duty assessed to best judgement of HMRC – no – whether on the facts assessments issued within one year from the time when the facts sufficient in HMRC’s opinion to justify making assessments came to their notice – yes. Appeal allowed in part.

[2014] UKFTT 855 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 20 December 2021; Ref: scu.536401

Behzad Fuels (UK) Ltd v Revenue and Customs: FTTTx 28 Aug 2014

FTTTx EXCISE DUTY – Seizure of 18,000 litres of ‘white diesel’ and 6,000 litres of ‘red diesel’ – Whether decision not to restore reasonable and proportionate on facts – Yes – Whether decision not to restore road fuel tankers also seized reasonable and proportionate – No – Appeal allowed in part

[2014] UKFTT 850 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 20 December 2021; Ref: scu.536397

SDM European Transport Ltd v Revenue and Customs: FTTTx 21 Aug 2014

FTTTX EXCISE DUTY – whether guarantor liable for duty – whether goods had never left the UK or it was impossible to ascertain where they had gone – reference back to FTT from Upper Tribunal on appeal – whether certain journeys could not have taken place as described in evidence before the original FTT – effect on conclusions reached by original FTT

[2014] UKFTT 829 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 20 December 2021; Ref: scu.536205

Chelmax Ltd v Revenue and Customs: FTTTx 20 Aug 2014

FTTTx EXCISE DUTY – company applying to be a Registered Dealer in Controlled Oils – another company with same director previously registered but now in liquidation – company vehicles subject to forfeiture for misuse of rebated kerosene and aviation turbine fuel – HMRC refusal of registration – whether unreasonable – held, no – appeal dismissed

[2014] UKFTT 821 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 20 December 2021; Ref: scu.536036

Worx Food and Beverage Bv v The Director of Border Revenue: FTTTx 8 Aug 2014

FTTTx EXCISE DUTY – whether appellant had the right to bring an appeal – seizure of goods – refusal to restore – decision based on alleged failure to prove ownership of the goods – whether unreasonable – held, no – appeal dismissed

[2014] UKFTT 774 (TC)
Bailii
England and Wales

Customs and Excise

Updated: 20 December 2021; Ref: scu.535991

Bickell v Revenue and Customs: FTTTx 12 Aug 2014

FTTTx PROCEDURE – restoration of vehicle – HMRC strike-out application on grounds of jurisdiction and no reasonable prospect of success – whether the review decision was out of time – if so, whether the reasons which can be put forward by HMRC on the substantive appeal are limited to those in the original decision – statutory deeming rules – change in basis of review decision – appellant unrepresented and unable to read or write – whether grounds of appeal went beyond a challenge to the legality of the seizure – held, yes – arguable that reasons inadequate and/or that relevant matters not taken into consideration – strike-out application dismissed – European Convention on Human Rights considered – directions – matters raised by the Appellant but outside the jurisdiction of the Tribunal

Anne Redston TJ
[2014] UKFTT 781 (TC)
Bailii

Customs and Excise, Human Rights

Updated: 20 December 2021; Ref: scu.535954

McCabe Chemical Products Ltd v The Director of Border Revenue: FTTTx 30 Jul 2014

FTTTx Customs duties-forfeiture and seizure – reasonableness of decision not to restore – mis-declaration and mis-valuation on importation – silver flakes described as sulphide flakes – HELD – mis- declarations consistent and intentional – not merely administrative error – Border Force applied internal guidelines – reasonable decision not to restore goods – appeal dismissed.

[2014] UKFTT 731 (TC)
Bailii

Customs and Excise

Updated: 20 December 2021; Ref: scu.535789