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...
Under the Customs Broker Licensing Regulations, 2018, proper client authorisation need not be received directly from the importer where authorisation letters are available. A Customs Broker is not shown to have failed in its duty to advise clients merely because inferior quality or overvaluation is detected after First Check assessment, physical examination and valuation by approved valuers, absent evidence of deficient advice. KYC obligations are met by obtaining IEC, GSTIN, PAN and other documents issued by competent authorities; the regulations do not require independent verification of every document or physical verification of the importer's premises. On these principles, alleged breaches of the authorisation, advisory and KYC duties were not established, and licence revocation and security forfeiture were set aside.
Under the Customs Broker Licensing Regulations, 2018, proper client authorisation need not be received directly from the importer where authorisation letters are available. A Customs Broker is not shown to have failed in its duty to advise clients merely because inferior quality or overvaluation is detected after First Check assessment, physical examination and valuation by approved valuers, absent evidence of deficient advice. KYC obligations are met by obtaining IEC, GSTIN, PAN and other documents issued by competent authorities; the regulations do not require independent verification of every document or physical verification of the importer's premises. On these principles, alleged breaches of the authorisation, advisory and KYC duties were not established, and licence revocation and security forfeiture were set aside.
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