Import of foods of Malaysian origin - Benefit of Exemption under ...

Appellant Wins: Tribunal Grants Concessional Duty Rate on Malaysian Foods Due to Unfair Burden of Proof in Trade Agreement Case.

February 15, 2024

Case Laws Customs AT

Import of foods of Malaysian origin - Benefit of Exemption under Preferential Trade Agreement - failure to prove the condition of qualifying value content of the goods should not be less than 35% of the FOB value - cost structure on the basis of data privacy was not provided - onus of prove shifts to Department (shifting burden) - The Tribunal held that the burden of proof was unfairly placed on the appellant despite documentary evidence and government-to-government verification. - Failure of Indian authorities to get more detailed verification or underlying cost data from the Malaysian Government authorities cannot be held against the appellant. - Benefit of concessional rate of Customs Duty allowed.

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Import of foods of Malaysian origin - Benefit of Exemption under ...

Appellant Wins: Tribunal Grants Concessional Duty Rate on Malaysian Foods Due to Unfair Burden of Proof in Trade Agreement Case.

February 15, 2024

Case Laws Customs AT

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