Penalty under Section 117 of the Customs Act, 1962 is not attracted against a Customs Broker where the Customs Broker Licensing Regulations, 2018 contain specific penal provisions. Section 117 is a residuary penalty provision and applies only when no express penalty is otherwise provided for the contravention or failure. The discussion also notes the absence of material showing active participation in the alleged fraudulent export activity and no independent action under the Licensing Regulations for the due diligence breach. (AI Summary)
TaxTMI