Excise Duty Appeals : Time To Appeal
[2015] UKFTT 281 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 01 January 2022; Ref: scu.549537
Excise Duty Appeals : Time To Appeal
[2015] UKFTT 281 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 01 January 2022; Ref: scu.549537
Customs Duty : Reliefs
[2015] UKFTT 280 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 01 January 2022; Ref: scu.549536
EXCISE DUTY – seizure of tobacco and vehicle – reasonableness of decision to refuse restoration of tobacco and a vehicle – appeal dismissed
[2015] UKFTT 231 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 01 January 2022; Ref: scu.549517
EXCISE DUTY – seizure of tobacco – reasonableness of decision to refuse restoration of tobacco – appeal dismissed
[2015] UKFTT 230 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 01 January 2022; Ref: scu.549516
[2015] UKFTT 243 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 01 January 2022; Ref: scu.549509
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
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
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
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
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 212 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 30 December 2021; Ref: scu.547409
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
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
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
CUSTOMS DUTIES – seizure of watch – reasonableness of decision to refuse restoration – appeal dismissed
[2015] UKFTT 222 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 30 December 2021; Ref: scu.547388
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
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
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
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
ECFI (Judgment) Dumping – Imports of ferro-silicon originating, inter alia, in Russia – Partial interim review – Calculation of the dumping margin – Change of circumstances – Lasting nature
T-169/12, [2015] EUECJ T-169/12, ECLI:EU:T:2015:231
Bailii
European
Customs and Excise
Updated: 29 December 2021; Ref: scu.546103
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
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
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
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
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
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
FTTTx CUSTOMS DUTIES – intelligent power distribution units – whether proper to tariff heading 8471 (automatic data processing machines) or 8537 (electrical distribution) – BTI issued in heading 8537 – BTI correct – appeal dismissed
[2015] UKFTT 100 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 28 December 2021; Ref: scu.544577
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
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
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
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
Excise Duty – cigarettes and rolling tobacco – paragraph 5 of Schedule 3 to the Customs and Excise Management Act 1979 – whether appellant was the owner of the goods seized – wrongdoing penalty
[2018] UKFTT 769 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 28 December 2021; Ref: scu.632458
FTTTx EXCISE DUTY – Appeal against decision to restore vehicle seized on entry into the UK for a fee – Whether the decision could reasonably have been reached – Yes – Appeal dismissed
Brooks TJ
[2015] UKFTT 77 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 28 December 2021; Ref: scu.543231
FTTTx Excise Duty – Registered dealer in controlled oil – HODA 1979 s100G – CEMA 1979 – Hydrocarbon Oil (Registered Dealers in Controlled Oil Regulations) 2002 – removal of approval – whether reasonable – yes – Appeal not allowed
[2015] UKFTT 57 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 28 December 2021; Ref: scu.543213
FTTTx CUSTOMS DUTY – whether IPTV set-top boxes are ‘video tuners’ when they are incapable of receiving radio-frequency signals but instead receive data via the Internet – relevance of EU’s Treaty obligations – appeal allowed
[2015] UKFTT 0035 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 27 December 2021; Ref: scu.542030
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 FTTTx – Amoena (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 UTTC – Amoena (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 CA – Amoena (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
FTTTx CUSTOMS DUTY – 6.5 kg Golden Virginia hand rolling tobacco for her personal use – failed to apply to Magistrates’ Court – deemed forfeit -assessment properly raised – minimum penalty after prompting properly raised- case dismissed.
[2015] UKFTT 1 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 27 December 2021; Ref: scu.541510
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
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
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
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
FTTTx EXCISE DUTY – assessment in relation to excise goods seized from the appellant – application to strike out – no reasonable prospect of appeal succeeding – appeal against duty assessment struck out
[2014] UKFTT 1085 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 24 December 2021; Ref: scu.540312
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
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
FTTTx Excise Duty – importation of tobacco products – concealment – seizure and confiscation of tobacco – CEMA 1979 – excise duty assessment under Finance Act 1994 s 12 (1A) – no valid grounds of appeal presented – appeal disallowed.
[2014] UKFTT 1096 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 24 December 2021; Ref: scu.540315
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
FTTTx Excise Duty – importation of tobacco products – concealment – seizure and confiscation of tobacco – CEMA 1979 – excise duty assessment under Finance Act 1994 s 12 (1A) – no valid grounds of appeal presented – appeal disallowed.
[2014] UKFTT 1095 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 24 December 2021; Ref: scu.540305
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
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
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
Customs duty – classification of tobacco mix used in water pipes – whether smoking tobacco
[2010] UKFTT 157 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 23 December 2021; Ref: scu.422186
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
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
FTTTx Excise Duty – importation of tobacco products – appeal against assessment – Appeal listed for a pre-trial Review – cross application to strike out – no reasonable prospect of the Appellant’s case succeeding – appeal struck out.
[2014] UKFTT 983 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 23 December 2021; Ref: scu.538991
Customs duty – Customs classification of two soft toys containing recorded sounds to assist babies and children to sleep – Whether the toys ranked as ‘stuffed’ or not – Appeal dismissed
[2014] UKFTT 997 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 23 December 2021; Ref: scu.538975
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
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
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
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
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
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
Appeal against decision not to restore seized vehicle used for the transportation of cannabis to the United Kingdom – Application for permission to bring a late appeal – Application refused
[2014] UKFTT 928 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 22 December 2021; Ref: scu.537658
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
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
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
classification of products known as ‘Beyblades’
[2018] EWCA Civ 1221
Bailii
England and Wales
Customs and Excise, European
Updated: 21 December 2021; Ref: scu.617305
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
FTTTx Excise Duty – Seizure of 499,780 non-duty paid cigarettes liable to excise duty of andpound;115,581.00 – Seizure of vehicle – Whether decision to refuse restoration reasonable – Yes – Appeal dismissed
[2014] UKFTT 901 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 21 December 2021; Ref: scu.536758
FTTTx PRELIMINARY ISSUE – EXCISE DUTY – Whether there can be more than one Excise Duty Point – release for consumption – liability of person holding goods where goods have already been released for consumption
[2014] UKFTT 902 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 21 December 2021; Ref: scu.536738
CUSTOMS DUTIES- seizure of gold jewellery – restoration – reasonableness of decision to refuse restoration – appeal dismissed
[2014] UKFTT 869 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 21 December 2021; Ref: scu.536510
EXCISE DUTY: seizure of vehicles used for smuggling cigarettes; restoration offered on payment of trade value of vehicles; application of policy; whether decision making flawed – yes; further review directed.
[2014] UKFTT 870 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 21 December 2021; Ref: scu.536505
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
EXCISE DUTY – Appeal against decision not to restore excise goods seized on entry into the UK – Whether the decision could reasonably have been reached – Yes – Appeal dismissed
[2014] UKFTT 864 (TC)
Bailii
England and Wales
Customs and Excise
Updated: 21 December 2021; Ref: scu.536501
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
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
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
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
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
FTTTx Excise Duty – two journeys on consecutive days – one electronic administrative document alleged to cover both journeys – goods seized and forfeited – implied liability of carrier – inadequate checks carried out by HMRC
[2014] UKFTT 782 (TC)
Bailii
Customs and Excise
Updated: 20 December 2021; Ref: scu.535956
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
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