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    <title>2026 (4) TMI 383 - CESTAT NEW DELHI</title>
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    <description>Penalty under section 112(a)(ii) of the Customs Act, 1962 was considered unsustainable where a customs broker had requested first check examination on the importer&#039;s instructions and the goods were examined and classified by the department accordingly. The only alleged default was non-disclosure of an earlier pending show cause notice, but there was no legal duty on the broker to intimate that notice, especially when it had been issued by the department itself. On that basis, the broker&#039;s conduct was not treated as aiding or abetting any act rendering the goods liable to confiscation, and the penalty was set aside.</description>
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      <description>Penalty under section 112(a)(ii) of the Customs Act, 1962 was considered unsustainable where a customs broker had requested first check examination on the importer&#039;s instructions and the goods were examined and classified by the department accordingly. The only alleged default was non-disclosure of an earlier pending show cause notice, but there was no legal duty on the broker to intimate that notice, especially when it had been issued by the department itself. On that basis, the broker&#039;s conduct was not treated as aiding or abetting any act rendering the goods liable to confiscation, and the penalty was set aside.</description>
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