Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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