Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Proceedings for revocation of a customs broker licence were held time-barred because the show cause notice was issued beyond the mandatory 90-day period from receipt of the offence report under Regulation 17(1) of CBLR 2018, vitiating the action at the threshold and requiring the order to be set aside. On merits, no breach of Regulations 10(e) and 10(n) was found since statutory KYC was obtained and verified from official portals and the broker had undertaken no clearance activity (no Bill of Entry filed) as goods were intercepted prior to transhipment, negating any due-diligence lapse. Consequently, revocation, security forfeiture and penalty were held disproportionate and were quashed, with direction to restore the licence. - CESTAT
Proceedings for revocation of a customs broker licence were held time-barred because the show cause notice was issued beyond the mandatory 90-day period from receipt of the offence report under Regulation 17(1) of CBLR 2018, vitiating the action at the threshold and requiring the order to be set aside. On merits, no breach of Regulations 10(e) and 10(n) was found since statutory KYC was obtained and verified from official portals and the broker had undertaken no clearance activity (no Bill of Entry filed) as goods were intercepted prior to transhipment, negating any due-diligence lapse. Consequently, revocation, security forfeiture and penalty were held disproportionate and were quashed, with direction to restore the licence. - CESTAT
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