Decision Summary Information |
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Decision Number: | E/00565 |
Appellant: | Magyar-ut Trans KFT |
Respondent: | The Commissioners of Customs & Excise |
Chairmen / Special Commissioners: |
His Honour Stephen
OLIVER
QC
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Date of Decision: | 19.12.2003 |
Main Category: | EXCISE DUTY RESTORATION OF VEHICLE (see also EXCISE APPEAL) |
Main Subcategory: | Proportionality |
Notes: | |
EXCISE DUTY - Restoration of seized vehicle - Reasonableness - Proportionality - Goods vehicle driven by employee of Appellant - Vehicle carrying 10,000 cigarettes when intercepted - Earlier interception of different vehicle of Appellant driven by same employee - Whether Appellant's alleged vicarious liability for acts of employee relevant to reasonableness of decision not to restore - No - Houlton Meats (2002) Ex Dec 233 not followed - Whether decision not to restore disproportionate - Yes - Appeal allowed - Further review directed |
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Decision to Download: | No copy available |