Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Revocation of a customs broker licence was set aside because findings rested on assumptions, covert market surveys and hearsay rather than admissible proof; the broker's KYC and documentary checks satisfied the due diligence standard under Regulation 10(n) and did not require physical inspection; procedural defects including failure to consider replies and delayed inquiry vitiated disciplinary action; consequential forfeiture and penalty were quashed and the licence restored with directions to return security and penalty, the Tribunal concluding evidence was insufficient and the inquiry procedurally flawed.
Revocation of a customs broker licence was set aside because findings rested on assumptions, covert market surveys and hearsay rather than admissible proof; the broker's KYC and documentary checks satisfied the due diligence standard under Regulation 10(n) and did not require physical inspection; procedural defects including failure to consider replies and delayed inquiry vitiated disciplinary action; consequential forfeiture and penalty were quashed and the licence restored with directions to return security and penalty, the Tribunal concluding evidence was insufficient and the inquiry procedurally flawed.
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