Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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Regulation 11(2) of the Handling of Cargo in Customs Areas...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguards.
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Regulation 11(2) of the Handling of Cargo in Customs Areas Regulations, 2009 permits exceptional preventive suspension of Customs Cargo Service Provider approval only where an independently recorded, explicit satisfaction establishes an immediate and continuing threat to revenue or customs-area security. Allegations supporting regular proceedings or a pending DRI investigation do not replace the Regulation 12 inquiry. Continued suspension without verification of deficiencies, fresh evidence of a subsisting threat, prompt inquiry, or reasonable departmental action may become punitive and disproportionate. Restoration may be made subject to revenue-protection conditions and continued corrective measures, without preventing regular action under Regulation 11(1) following a proper inquiry.
Regulation 11(2) of the Handling of Cargo in Customs Areas Regulations, 2009 permits exceptional preventive suspension of Customs Cargo Service Provider approval only where an independently recorded, explicit satisfaction establishes an immediate and continuing threat to revenue or customs-area security. Allegations supporting regular proceedings or a pending DRI investigation do not replace the Regulation 12 inquiry. Continued suspension without verification of deficiencies, fresh evidence of a subsisting threat, prompt inquiry, or reasonable departmental action may become punitive and disproportionate. Restoration may be made subject to revenue-protection conditions and continued corrective measures, without preventing regular action under Regulation 11(1) following a proper inquiry.
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