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TMI Blog2018 (9) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. [ 2016 (4) TMI 971 - CESTAT NEW DELHI] will apply on all fours to the case at hand - There is only so much that a customs broker can do for verification of antecedents. In fact there are many cases where fraudulent importers or exporters have used even forged documents including forged IEC and other KYC documents to avail unintended benefits in import and export, while no doubt the customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs Brokers Licensing Regulations, 2013 (hereinafter referred to as CBLR 2013) by the competent authority in the impugned order No.59841/2017 dt.21.11.2017 on the appellants M/s.Carewell Shipping Pvt. Ltd. 2. Today when the matter came up for hearing, on behalf of the appellant, Ld. Counsel Shri B. Satish Sundar, assisted by Shri G. Shanmugam, Advocate made submissions which can be broadl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Advocate also relies upon the ratio of certain other decisions which were though rendered under the CHALR 2004, however will still have reliance on the issue at hand, namely Kunal Travels (Cargo) Vs CC (I G), IGI Airport, New Delhi 2017 (354) ELT 447 (Del.), APS Freight Travels Pvt. Ltd. Vs CC (General) New Delhi 2016 (344) ELT 602 (Tri.-Del.) 3. On the other hand, Ld. A.R. Shri K. Ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of Whey Protein in a concealed manner. The only infraction found against the customs broker is that they have not verified the KYC norms as per the Regulation 11 (n) ibid. 6. Be that as it may, case law of HIM Logistics Pvt. Ltd. (supra) relied upon by Ld. Advocate will apply on all fours to the case at hand. There is only so much that a customs broker can do for verification of antecede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts, data or information ; there is no fiat that such verification has to be done by the customs broker independently . 7. Viewed in this light, we hold that even the imposition of penalty of ₹ 50,000/- on the appellant is unjustified and cannot sustain. Impugned order is set aside and the appeal is allowed with consequential benefits, if any, as per law. (dictated and pronounced in c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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