Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
CESTAT held that a Customs Broker's alleged breach of Regulation 10(d) was not proved because the department produced no credible material showing absence of advice to the exporter, while the exporter's letter confirming such advice could not be rejected for lack of written particulars. The alleged breach of Regulation 10(e) also failed, as neither the show cause notice nor the order identified any specific incorrect information said to have been imparted. On Regulation 10(n), the Tribunal held that verification is satisfied by checking issued IEC, GSTIN, identity and address documents through reliable records; it does not require a physical visit or supervision of government authorities. Revocation of licence, forfeiture of security deposit and penalty were set aside.
CESTAT held that a Customs Broker's alleged breach of Regulation 10(d) was not proved because the department produced no credible material showing absence of advice to the exporter, while the exporter's letter confirming such advice could not be rejected for lack of written particulars. The alleged breach of Regulation 10(e) also failed, as neither the show cause notice nor the order identified any specific incorrect information said to have been imparted. On Regulation 10(n), the Tribunal held that verification is satisfied by checking issued IEC, GSTIN, identity and address documents through reliable records; it does not require a physical visit or supervision of government authorities. Revocation of licence, forfeiture of security deposit and penalty were set aside.
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