Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
The time limit for submission of the inquiry report under the Customs Brokers Licensing Regulations, 2018 was held mandatory. The Court noted that the inquiry report was prepared 116 days after the show cause notice and, applying the Division Bench ruling in Santon Shipping Services, held that non-compliance with Regulation 17(5) invalidated the disciplinary action. A contrary Kerala High Court view concerning Regulation 17(1) was not followed. The impugned order revoking the licence, forfeiting the security deposit and imposing penalty was therefore set aside and the writ petition was allowed.
The time limit for submission of the inquiry report under the Customs Brokers Licensing Regulations, 2018 was held mandatory. The Court noted that the inquiry report was prepared 116 days after the show cause notice and, applying the Division Bench ruling in Santon Shipping Services, held that non-compliance with Regulation 17(5) invalidated the disciplinary action. A contrary Kerala High Court view concerning Regulation 17(1) was not followed. The impugned order revoking the licence, forfeiting the security deposit and imposing penalty was therefore set aside and the writ petition was allowed.
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