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CESTAT allowed the appeal and set aside the Rs.25,000 penalty imposed under Reg.18 of the Customs Brokers Licensing Regulations, 2018. The Tribunal held the Commissioner's findings that the Appellant failed to advise its client and failed to notify revenue officers were unsupported by evidence; there is no record demonstrating that the Appellant knew of or participated in the client's alleged undervaluation or evasion of customs duty. Similarly, the finding of breach of Reg.10(d) and Reg.10(e) could not be sustained, as no evidence showed the Appellant supplied incorrect information or omitted due diligence. Accordingly, the penalty was quashed and the appeal allowed.
CESTAT allowed the appeal and set aside the Rs.25,000 penalty imposed under Reg.18 of the Customs Brokers Licensing Regulations, 2018. The Tribunal held the Commissioner's findings that the Appellant failed to advise its client and failed to notify revenue officers were unsupported by evidence; there is no record demonstrating that the Appellant knew of or participated in the client's alleged undervaluation or evasion of customs duty. Similarly, the finding of breach of Reg.10(d) and Reg.10(e) could not be sustained, as no evidence showed the Appellant supplied incorrect information or omitted due diligence. Accordingly, the penalty was quashed and the appeal allowed.
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