Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
FOB is Incoterm reflecting exporter's transaction value; declared shipping bill value not automatically confiscable under s.113(i), s.125, ss.114(i) a...
The HC affirmed disciplinary liability for the Appellant arising from an employee's collusion with a third-party exporter, misuse of a third-party IEC, submission of misdeclared export consignments and forged/bogus invoices, holding that the employer failed in its duty of supervision and due diligence. Applying the principle of proportionality, the court curtailed permanent revocation and imposed a revocation period of four years, terminating on 21 December 2025. The appeal is disposed. The Customs authority is directed, upon consideration of the Appellant's due diligence submissions, to decide on any renewal of the CHA licence in accordance with law and regulatory requirements.
The HC affirmed disciplinary liability for the Appellant arising from an employee's collusion with a third-party exporter, misuse of a third-party IEC, submission of misdeclared export consignments and forged/bogus invoices, holding that the employer failed in its duty of supervision and due diligence. Applying the principle of proportionality, the court curtailed permanent revocation and imposed a revocation period of four years, terminating on 21 December 2025. The appeal is disposed. The Customs authority is directed, upon consideration of the Appellant's due diligence submissions, to decide on any renewal of the CHA licence in accordance with law and regulatory requirements.
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