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TMI Blog2019 (4) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... as brought or that the goods were misdeclared or the contraband was the subject matter of the Bill of Entry in question. The role of the appellant was merely one of a facilitator. There is no material on record to show that the KYC documents were fraudulent or incorrect or in any manner irregular. In these circumstances, to expect the CB holder to carry out further investigations and independent i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in upholding the order-in-original of the Commissioner, in the circumstances of the case, and if so, whether forfeiture of security deposit was warranted? 2. The facts of the case are that the appellant was a Customs Licence holder against whom a show cause notice dated 8-11-2016 was issued alleging impropriety in facilitating the Bill of Entry No. 5224790, dated 11-5-2016 in the name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty of revocation of licence and forfeiture of security as well. The premise of these findings was violation of Regulations 11(a), 11(d), 11(e) and 11(h) of the CBLR Regulations, 2013. The appellant approached the Tribunal which set aside the order of revocation but upheld the order of forfeiture and penalty. 3. It is urged that the role ascribed to and found against the appellant, cannot lead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a facilitator. There is no material on record to show that the KYC documents were fraudulent or incorrect or in any manner irregular. In these circumstances, to expect the CB holder to carry out further investigations and independent inquiry not only about the existence of importing firm but also about its real owner is beyond the mandate of the law. 5. In view of the above findings, the que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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