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of <h1>Tribunal Reverses Customs Broker License Revocation, Overturns Rs. 50,000 Penalty; Actions Deemed Compliant with Regulations.</h1> <h3>M/s. Ocean Shipping & Clearing Agency Versus Commissioner of Customs (Administration & Airport), Kolkata</h3> M/s. Ocean Shipping & Clearing Agency Versus Commissioner of Customs (Administration & Airport), Kolkata - TMI Issues: Appeal against revocation of Customs Broker License and imposition of penalty.Summary:The case involved an appeal against the revocation of the Customs Broker License of the appellant and the imposition of a penalty of Rs. 50,000. The appellant, a Customs Broker, dealt with the importation of gold by a company and filed Bills of Entry for Bond. The goods were sent to a Bond for safekeeping. Subsequently, the importer engaged another Customs Broker for clearance for home consumption, which led to non-compliance with certain conditions. This resulted in penalties being imposed on both the importer and the appellant, leading to the revocation of the appellant's license. The appellant contended that their role ended once the goods were sent to the Bond, and they were not responsible for post-importation compliance issues. The appellant also highlighted a previous Tribunal decision where the penalty imposed on them was set aside.The Tribunal noted that the proceedings against the appellant were based on a case involving the importer's non-compliance with import conditions, for which the appellant had filed Bills of Entry and cleared the goods. However, the Tribunal referenced a previous decision where it was established that the appellant's role was limited to filing Bills of Entry and clearing the goods for home consumption. The Tribunal concluded that the penalties imposed on the appellant were not justified, as their actions were in accordance with the relevant regulations. Therefore, the Tribunal set aside the revocation of the Customs Broker License and the penalty imposed on the appellant.In conclusion, the appeal was allowed, and the order revoking the Customs Broker License and imposing the penalty was set aside, providing the appellant with consequential relief.
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