Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
A customs broker ordinarily functions as agent of the exporter and acts on the exporter's instructions; primary responsibility for correctness of shipping bill particulars, including valuation, rests with the exporter. Penalty for facilitating overvaluation cannot be sustained without a specific adjudicatory finding and positive evidence that the broker committed acts or omissions that enabled over invoicing or rendered goods liable to confiscation. Where investigation and orders fail to establish the broker's role in alleged overvaluation, imposition of penalty is not justified and must be set aside.
A customs broker ordinarily functions as agent of the exporter and acts on the exporter's instructions; primary responsibility for correctness of shipping bill particulars, including valuation, rests with the exporter. Penalty for facilitating overvaluation cannot be sustained without a specific adjudicatory finding and positive evidence that the broker committed acts or omissions that enabled over invoicing or rendered goods liable to confiscation. Where investigation and orders fail to establish the broker's role in alleged overvaluation, imposition of penalty is not justified and must be set aside.
Note: It is a system-generated summary and is for quick reference only.
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