Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Timelines prescribed under Regulation 17 of the Customs Brokers Licensing Regulations, 2018 were held mandatory, so a show cause notice for revocation had to be issued within ninety days of receipt of the offence report and the inquiry report within ninety days of the notice. As the offence report was received on 11.06.2023 but the notice was issued only on 29.06.2024, the notice was invalid for breach of the statutory timeline. The consequential inquiry report could not survive once the notice itself was void. The High Court therefore set aside both the show cause notice and the inquiry report for non-adherence to the mandatory time limits.
Timelines prescribed under Regulation 17 of the Customs Brokers Licensing Regulations, 2018 were held mandatory, so a show cause notice for revocation had to be issued within ninety days of receipt of the offence report and the inquiry report within ninety days of the notice. As the offence report was received on 11.06.2023 but the notice was issued only on 29.06.2024, the notice was invalid for breach of the statutory timeline. The consequential inquiry report could not survive once the notice itself was void. The High Court therefore set aside both the show cause notice and the inquiry report for non-adherence to the mandatory time limits.
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