Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Penalty on a customs broker was held unsustainable where export consignments were factory-sealed, the seals were found intact on , and the broker had obtained genuine KYC documents, including IEC, PAN, bank details, Aadhaar and self-sealing permission. On those facts, the Tribunal found that Revenue failed to prove that the broker, its director or employees had knowledge of the stuffing of red sanders or any attempt to export contraband goods. As knowledge of the prohibited goods was not established, no penalty could be imposed and the penalties on all appellants were set aside.
Penalty on a customs broker was held unsustainable where export consignments were factory-sealed, the seals were found intact on , and the broker had obtained genuine KYC documents, including IEC, PAN, bank details, Aadhaar and self-sealing permission. On those facts, the Tribunal found that Revenue failed to prove that the broker, its director or employees had knowledge of the stuffing of red sanders or any attempt to export contraband goods. As knowledge of the prohibited goods was not established, no penalty could be imposed and the penalties on all appellants were set aside.
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