2024 (2) TMI 1262

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gainst the Customs Broker which is the present Appellant under Regulation 17 of the CBLR 2018 and also dropped the proceeding of forfeiture of the part or whole security deposit furnished by the Customs Broker for issue of Customs Broker License. However, a penalty of Rs. 50,000/- was imposed in terms of Regulation, 18 of CBLR 2018. The Appellant against the imposition of the said penalty of Rs. 50,000/- filed the present appeal. The penalty was imposed against the Appellant under Regulation 18 of CBLR, 2018 for the violation of regulation 10(o) and Regulation 10(b) of CBLR 2018 in as much as the G Card holder of the Appellant firm did not obtain the KYC documents as mandated by circular no. 9/2010-Customs dated 08.04.2010. It was also alle....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y wrong doing on part of the exporter. He submits that disputed 50 shipping bills as also 75 shipping bills in the past for very same exporter were physically examined and assessed by the Customs and even let export orders (LEOs) were granted in this regard. The bona fide or exporter as well as export value was as such approved by the Customs themselves which is not in disputes ever. He submits in this fact there is no fault or mala fide on the part of the Appellant therefore the penalty was wrongly imposed. In support he placed reliance of the following judgments: • Network Industries Ltd-2019 (369) ELT 1274 (Tn.-Chennai) • Revannath Gabaji Gawade- 2007 (211) ELT 432 (Tn. Mumbai) • Kunal Travels (Carg....