Customs Broker Cleared of Penalties After Fictitious Entity Discovery; Tribunal Recognizes Good Faith Actions in Import Case.

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....Whether penalties and confiscation of goods are justified against the Appellant (customs broker) and its proprietor for facilitating imports by a non-existent entity (M/s Blazeing Star Trade Pvt. Ltd.) under an Advance Authorization. The key points are: The Appellant entered into a High Sea Sales agreement with Blazeing Star, who imported PVC resin under Advance Authorization. After investigation revealed Blazeing Star was fictitious, the Appellant requested to cancel the agreement and amend the Bills of Entry, which was allowed by the authorities u/s 149. The goods were released after payment of duty without the Advance Authorization benefit. The Tribunal held that after allowing the amendment, there was no ground for confiscation or penal.........