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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT allowed the appeal and set aside the Commissioner of Customs (Appeals) order regarding absolute confiscation of imported Light Melting Steel Scrap. The appellant failed to furnish Pre-Shipment Inspection Certificate (PSIC) as mandated under para 2.51 of Handbook of Procedure under Foreign Trade Policy, 2023, in compliance with Board Circular No. 48/2016 and DGFT Trade Notice No. 19/2017. CESTAT held that examination of imported goods with adequate precaution was necessary for safety purposes, as possibilities of explosion endangering customs officials could not be ruled out. The tribunal emphasized that proper examination would ensure safety and enable the proper officer to determine whether goods were fit for home consumption or required re-export, thereby overturning the absolute confiscation order.
CESTAT allowed the appeal and set aside the Commissioner of Customs (Appeals) order regarding absolute confiscation of imported Light Melting Steel Scrap. The appellant failed to furnish Pre-Shipment Inspection Certificate (PSIC) as mandated under para 2.51 of Handbook of Procedure under Foreign Trade Policy, 2023, in compliance with Board Circular No. 48/2016 and DGFT Trade Notice No. 19/2017. CESTAT held that examination of imported goods with adequate precaution was necessary for safety purposes, as possibilities of explosion endangering customs officials could not be ruled out. The tribunal emphasized that proper examination would ensure safety and enable the proper officer to determine whether goods were fit for home consumption or required re-export, thereby overturning the absolute confiscation order.
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