The Commissioners for HM Revenue and Customs v F.M.X Food Merchants Import Export Co. Ltd: [2015] UKUT 0669 (TCC)

Upper Tribunal Tax and Chancery decision of Mr Justice Birss on 10 December 2015.

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Customs Duty � import of Chinese garlic falsely declared as Cambodian origin � Customs Code Art 221 � customs debt resulting from a criminal act � post clearance demand issued after expiry of the three year period � no express provisions in UK law extending the three year time limit � whether notification valid in the absence of such legislation � FTT held the notification invalid � appeal allowed –� no need for express provisions in UK law to extend the three year time limit � notification valid.

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Published 1 December 2016