Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
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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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