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    Mistaken penalty provision references are not fatal, but a higher penalty rate can show substantive misapplication.
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      Revocation of CHA License - Customs Broker resorted to...

      Tribunal Overturns Customs Broker License Revocation Due to Procedural Errors in Investigation and Notice Issuance.

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      CustomsMarch 30, 2024Case LawsAT
      Revocation of CHA License - Customs Broker resorted to unprofessional methods while clearing the goods imported vide Bill of Entry - It was revealed during the investigation that an employee of the appellant's office had manipulated the redemption fine and penalty amounts in the Order-in-Original, leading to the overcharging of the importer. - While the tribunal acknowledged the manipulation in the Order-in-Original, the crux of the decision rested on procedural irregularities rather than the merits of the fabrication allegations. - The tribunal ruled in favor of the appellant, emphasizing the importance of adherence to procedural timelines outlined in Regulation 20 of CBLR, 2013. It noted that the absence of a specific offence report and the delay in issuing the Show Cause Notice beyond the prescribed period rendered the proceedings against the appellant invalid.

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      ActsIncome Tax