2024 (9) TMI 10

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..... l is filed under Section 130 of the Customs Act, 1962 (the Act) impugning an order dated 7th December 2022 passed by the Customs, Excise and Service Tax Appellate Tribunal, Mumbai (CESTAT). 2. Respondent is a Customs Broker holding the Customs Broker License issued under Regulation 7 (1) of the Customs Broker License Regulation, 2013 (now Regulation 7 (2) of CBLR, 2018) (the CBLR). 3. The Commis .....

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..... oms department. Aggrieved, respondent filed an appeal before the CESTAT. The CESTAT, by its order dated 7th December 2022 which is impugned in the petition, allowed the appeal. 4. The CESTAT has observed that respondent had specifically prayed for cross-examination of certain persons whose statements were relied upon in the Show Cause Notice to implicate respondent. The cross-examination was deni .....

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..... CESTAT has also relied on the judgment of the Telangana High Court in Shasta Freight Services Pvt. Ltd. vs. Principal Commissioner of Customs, Hyderabad 2019 (368) E.L.T. 41 (Telangana) upheld by the Hon'ble Apex Court 2022 (381) E.L.T. 436 (S.C.). 5. We see no reason to interfere because when action is being taken under the provisions of the CBLR, the department was duty bound to comply with th .....

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