Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
CESTAT held that the customs broker was not liable for penalties under Sections 112 and 114AA of the Customs Act, 1962, as there was no direct evidence demonstrating intentional duty evasion. The appellant correctly advised on tariff classification, did not file manipulated documents, and any procedural failures were regulatory matters under Custom Broker Licensing Regulations, 2018. The tribunal found no justification for imposing penalties in the absence of proven knowledge or intentional misconduct, thus allowing the appeal and setting aside the original order.
CESTAT held that the customs broker was not liable for penalties under Sections 112 and 114AA of the Customs Act, 1962, as there was no direct evidence demonstrating intentional duty evasion. The appellant correctly advised on tariff classification, did not file manipulated documents, and any procedural failures were regulatory matters under Custom Broker Licensing Regulations, 2018. The tribunal found no justification for imposing penalties in the absence of proven knowledge or intentional misconduct, thus allowing the appeal and setting aside the original order.
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