Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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No evidence showed that the customs broker knowingly participated in or abetted the attempted export of prohibited red sanders concealed in consignments declared as granite slabs. The Tribunal accepted that he had failed to verify the exporters' antecedents and had not met the due diligence and KYC standards expected under customs clearance work, so penalty was justified in principle under Section 114. As knowledge or involvement in the smuggling was not established, and the appellate record itself noted he was not involved in the nefarious activity, the penalty was found excessive and reduced to a nominal amount.
No evidence showed that the customs broker knowingly participated in or abetted the attempted export of prohibited red sanders concealed in consignments declared as granite slabs. The Tribunal accepted that he had failed to verify the exporters' antecedents and had not met the due diligence and KYC standards expected under customs clearance work, so penalty was justified in principle under Section 114. As knowledge or involvement in the smuggling was not established, and the appellate record itself noted he was not involved in the nefarious activity, the penalty was found excessive and reduced to a nominal amount.
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