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Checklist Of Documents For Hearing Of Appeal

 
A.  Checklist of Documents for Hearing of Appeal

1.  Notice Of Appeal (Form A) - Regulation 2(1) C(AT)R 2007:
  i. All 9 particulars have been filled up
2.  The following documents are attached:
  i. Identification Card / Passport of the person filing the appeal
  ii. Identification Card / Passport of the appellant
  iii. Certificate of Company / Business Registration
  iv. Certificate of Association / Society Registration
  v. Authorization from Company / Business / Association / Society
  vi. Document containing the disputed decision of the Director General of Customs
3.  Letter informing the registration of appeal and notice of hearing of appeal
4.  Letter informing the first mention date and case management action
5.  Letter of application for extension of time has been forwarded (if required). Reasons for the extension of time must be clearly stated and supported with the necessary evidence
6.  Application for the hearing of an appeal outside the CAT's head office has been made (if required)
7.  Application for panel hearing has been made (if required)
8.  On the mention date, to check the following documents:
  i. Documentary proof of payment of taxes and duties (if required)
  ii. Royal Malaysian Customs Department (RMCD) documents relating to the appeal such as K1 Form , K2 Form, Excise 7 Form, K9 Form, CP3 Form, Customs Ruling and Bill of Demand
  iii. Letter of authorization to act as the company's representative for example consultant / forwarding agent / shipping agent
9.  Notice of Hearing - Form B
10.  Summary of facts of the case
11.  Statement of Agreed Facts / Statement of Disputed Facts
12.  List of witnesses
13.  Witness statement
14.  Bundle of documents of appellant/respondent. Example of documents:
  i. Appellant's business documents
  ii. Relevant correspondences
  iii. Official letters from RMCD
  iv. Appellant's letters / applications
  v. Letter of decision of RMCD officials other than letter of decision of the Director General of Customs
  vi. Written agreement / contract
  vii. Chemist / expert report
  viii. Invoice / bill / statement of account / audit report / post-audit report
  ix. Official forms of RMCD
  x. Letter / Notice of demand from RMCD
(Note: Copy of the documents filed must be certified as a true copy)
15.  Bundle of agreed documents / Bundle of non-agreed documents
16.  Bundle of authorities
17.  Written submissions

 
B.  Preparation of Bundle of Documents

1. Any party may file any documents to be used in the hearing of the appeal in the form of a Bundle of Documents (BD)
2. The BD may be prepared in two bundles i.e. a Bundle of Agreed Documents (BAD) and a Bundle of Non-Agreed Documents (BNAD) by both parties
3. Every BD has to be filed as follows:
  3.1. Two copies of each BD to be filed at CAT
  3.2. One copy of each BD to be served on the other party before the date of mention/hearing
4. During the mention/hearing of an appeal, the parties may ascertain further documents to be included into the BAD or BNAD
5. The appeal number and the names of the parties shall be stated on the first page of each BD that is filed
6. Every BD must contain an Index (Contents) of documents and every page of the BD must be numbered

 

 

Appeal Decision

ACTS AND REGULATIONS

GLOSSARY OF APPEAL CASES

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