Penalty under Section 112 fails where knowledge, admissible statements, and incriminating evidence are not proved against the Customs Broker's directo...
A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
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