9911796707
TMI Blog2025 (3) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... the data of the GST registrants and identified risky exporters who may have been involved in IGST refund frauds. DGARM also identified the Customs Brokers who handled exports of such exporters including the appellant. DGRAM got the existence of some of these exporters verified from field formation and found that they were not existence. Based on the analysis, DGARM wrote to the concerned commissioners including the respondent herein to take action under the Customs Broker Licensing Regulations. Accordingly, a show cause notice dated 23.12.2020 [SCN] was issued to the respondent which culminated in the impugned order. 3. As per the SCN the appellant had handled exports in respect of 27 suspected exporters listed in table 1 of the SCN. Of this physical verification was conducted only in respect of one-M/s Goodluck Traders-through the GST officers. The report of the Assistant Commissioner who conducted the verification is as follows: " Recommendation about the bonafides of the entity verified: The party has been found non-existent. The party filed GSTR-3B upto August 2019. The registration of M/s Goodluck Tradings has been cancelled. The ITC availed by M/s Goodluck Tradings seem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y other law for the time being in force for the present or any other past violations committed by them." 8. Aggrieved, the appellant filed this appeal. Submissions of the appellant 9. Learned counsel for the appellant made the following submissions: (i) After GST has been introduced no shipping bill could be processed without mentioning the GST number in the shipping bill which was valid at the time of export. (ii) The GST refunds are also credited automatically to the account of the exporter which is registered via an authorised dealer's code with the department. (iii) Mere non-traceability, as alleged, of the exporter is no basis to assume that the exports were fraudulent and exporter was ineligible for IGST refund. (iv) Regulation 10(n) mandates the Customs Broker to verify the identity of the importer by way of independent documentation and the appellant ad done so. All the documents which were collected from the exporters at the time of processing of shipping bills were submitted during the adjudication proceedings. (v) The only thing against the appellant is a report by DGARM that the exporters were found to be non-existent which is not on the basis of any eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of GSTIN c) Verify the identity of the client using reliable, independent, authentic documents, data or information d) Verify the functioning of the client at the declared address using reliable, independent, authentic documents, data or information 14. Of the above, (a) and (b) require verification of the documents which are issued by the Government departments. The IEC number is issued by the Director General of Foreign Trade and the GSTIN is issued by the GST officers under the Central Board of Indirect Taxes and Customs of the Government of India or under the Governments of State or Union territory. The question which arises is does the Customs Broker have to satisfy himself that these documents or their copies given by the client were indeed, issued by the concerned government officers or does the Customs Broker have to ensure that the officers had correctly issued these documents. In our considered view, Regulation 10(n) does not place an obligation on the Customs Broker to oversee and ensure the correctness of the actions by Government officers. Therefore, the verification of documents part of the obligation under Regulation 10(n) on the Customs Broker is fully satisfie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents, data or information. In other words, he should know who the client is and the client cannot be some fictitious person. This identity can be established by independent, reliable, authentic: a) documents; b) data; or c) information 17. Any of the three methods can be employed by the Customs Broker to establish the identity of his client. It is not necessary that it has to collect information or launch an investigation. So long as it can find some documents which are independent, reliable and authentic to establish the identity of his client, this obligation is fulfilled. Documents such as GSTIN, IEC and PAN card issued etc., certainly qualify as such documents. However, these are not the only documents the Customs Broker could obtain; documents issued by any other officer of the Government or even private parties (so long as they qualify as independent, reliable and authentic) could meet this requirement. While obtaining documents is probably the easiest way of fulfilling this obligation, the Customs broker can also, as an alternative, fulfill this obligation by obtaining data or information. In the factual matrix of this case, we are fully satisfied that the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
