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...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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The penalty imposed u/s 114(i) of the Customs Act, 1962 on the appellant (a Customs Broker) for abetting the clearance of undeclared/mis-declared export goods was reduced to Rs. 10,00,000/-. However, the penalty imposed u/s 114AA was set aside as the appellant was not responsible for forging any documents and the ingredients specified in Section 114AA were not present. The CESTAT held that the Customs Broker Licensing Regulations, 2013 provide for penal action upon the Customs Broker for failing to fulfill obligations, and penal proceedings could have been initiated under the relevant provisions of the said Regulations.
The penalty imposed u/s 114(i) of the Customs Act, 1962 on the appellant (a Customs Broker) for abetting the clearance of undeclared/mis-declared export goods was reduced to Rs. 10,00,000/-. However, the penalty imposed u/s 114AA was set aside as the appellant was not responsible for forging any documents and the ingredients specified in Section 114AA were not present. The CESTAT held that the Customs Broker Licensing Regulations, 2013 provide for penal action upon the Customs Broker for failing to fulfill obligations, and penal proceedings could have been initiated under the relevant provisions of the said Regulations.
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