Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
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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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