08 April 2016

UT Decision: HMRC v A.G. Villodre SL

Customs duty – Customs Community Code, Arts.5,221 – import of garlic declared to be of Indian origin – HMRC contended that garlic was of Chinese origin resulting in higher paid payable – post clearance demand for import duty – whether communicated to importer – whether posting letter sufficient  communication if letter not received –  whether communication to customs clearance agent sufficient – whether time limit for communication of 3 years pursuant to Art. 221(3) – whether arguable that HMRC could rely on Art. 221(4) of Community Customs Code to override time limit where alleged criminal act – permission to HMRC to amend pleading.
David Yates instructed by The Khan Partnership LLP, for the Respondent.
To see the approved Decision click here.