Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Appeal allowed: penalties under s.112(i) set aside for CHA absent proof of knowledge or active participation

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT allowed the appeal and set aside the penalties imposed under s.112(i) of the Customs Act, 1962 on the CHA. The Tribunal held that a licensed Customs House Agent acts on importer-supplied documents and verification pursuant to the Bill of Entry, and liability for illicit importation cannot be imputed absent proof of knowledge or active participation in mis-declaration. No evidence demonstrated the CHA's awareness of pack marking or involvement in the offending importation, nor was the CHA's statement recorded in confiscation proceedings; by contrast, prior authority upholding penalty turned on an admitted voluntary statement of mis-declaration. Consequentially, penalties as to the CHA were annulled and the appeal allowed.....