Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
Objective characteristics govern magnesium bis-glycinate chelate classification as an amino-acid coordination compound, not a food preparation or anti...
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The CESTAT allowed the appeal in part by modifying the impugned order. It set aside the revocation of the Customs Broker's license and forfeiture of security deposit, as there was no violation of Regulations 1(4), 10(d), 10(n), and 13(12) of the Customs Brokers Licensing Regulations (CBLR), 2018. However, a penalty of Rs. 5,000 was imposed on the Customs Broker for violating Regulation 10(e) due to failure to exercise due diligence in handling documents while filing import declarations. The Tribunal held that the Customs Broker cannot be faulted for misdeclaration by the importer, as they filed the bill of entry based on documents provided. The delay in inquiry proceedings was not properly explained, and the entire blame cannot be placed on the Customs Broker.
The CESTAT allowed the appeal in part by modifying the impugned order. It set aside the revocation of the Customs Broker's license and forfeiture of security deposit, as there was no violation of Regulations 1(4), 10(d), 10(n), and 13(12) of the Customs Brokers Licensing Regulations (CBLR), 2018. However, a penalty of Rs. 5,000 was imposed on the Customs Broker for violating Regulation 10(e) due to failure to exercise due diligence in handling documents while filing import declarations. The Tribunal held that the Customs Broker cannot be faulted for misdeclaration by the importer, as they filed the bill of entry based on documents provided. The delay in inquiry proceedings was not properly explained, and the entire blame cannot be placed on the Customs Broker.
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