2026 (1) TMI 175

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....f the license, accompanied by forfeiture of security deposit, under regulation 17 and imposition of penalty under regulation 18 of Customs Broker Licensing Regulation, 2018 with the plea that none of the alleged breaches had been established against them as is evident from the outcome reported by the enquiry authority and notwithstanding the disagreement proposed by, and affirmed in order [order no. 29] of, Commissioner of Customs, (Airport & General), New Delhi as licensing authority. 2. From the records, it appears that import of 21 consignments of 'semi precious stones' by M/s Lush Exim Pvt Ltd had been subjected to investigation for overvaluation and the handling of the clearance by the appellant herein had, for alleged breach of reg....

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....n under regulation 10(e) could have been confirmed only upon some evidence to demonstrate that the information furnished to the client was not correct or appropriate. He further argued that, with no further information to be furnished to client in the absence of special instructions issued by customs authorities on handling of 'semi precious stones', withholding details from client would not arise. As far as the requirements of 'know your client (KYC)' was concerned, he pointed out that the licensing authority by acknowledging that details of client had been verified from authoritative websites, concurred that obligation had been complied with and contrary finding, in the absence of any other specific directions, issued under the Customs Br....

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....on record that the appellant had not contacted the signatory in the authorization and the submission that the authority granted in favour of the said Rakesh Mishra sufficed as substitute does not wash as the claimed authority is limited to delivery of documents and physical handling of consignments. At no stage was it held out that said Rakesh Mishra was a responsible employee acting on behalf of the importer company. Furthermore, at no stage, had the appellant submitted that said Rakesh Mishra had been advised in accordance with the obligation in regulation 10(d) of Customs Broker Licensing Regulations, 2018. 8. It is admitted by the appellant that he had not contacted the signatory at any time, and, consequently, there was lack of comm....