Home Highlights March 2015 Year 2015 This

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1. Enhancement of penalty, levied on Employee of CHA - appellant was reckless and negligent in using the Customs House Agent Licence of his Employer. - Smuggling - red...

2. Evasion of custom duty - whether the Customs Act prohibits the criminal prosecution under the IPC - The investigating agency or the police would have jurisdiction to...

3. Seeking removal of the materials lying in the Customs Bonded Warehouses without payment of Customs Duty - the assets lying in the Customs bonded warehouses cannot be...

4. Violation of provisions of Section 10(6) of the FEMA Act - Responsibility of Authorised person - Considering the fact that the appellant admittedly became aware of the...

5. Revocation of CHA License - The CHA is supposed to safeguard the interest of both the importers and the customs. A lot of trust is pose in CHA by the importers/...

6. Cancellation of the CHA Licence - violation of Regulation 14(d) of the CHALR, 1984 - The Tribunal has taken a view that the Customs Officer would in any event have...

7. Revocation of CHA License - Misdeclaration of goods - the appellant totally failed to discharge its duties as CHA with utmost speed and efficiency and thereby grossly...

8. Revocation of CHA licence – CHA sublet his licence for a consideration in gross violation of Regulation 12 of CHALR, 2004 and this is an act of corruption - AT

9. Imposition of penalty u/s 114AA on Importer and u/s 112 (a) on CHA - the importer took the risk and moved the goods out of the LCS on his own, without listening the...

10. Penalty on CHA - There was a serious lapse on part of the CHA in verifying the KYC before taking up the Custom clearance of consignment of rough diamond - levy of...

11. Revocation of CHA licence - unauthorized usage of the CHA licence - Save and except venial breach on part of CHA under Regulation 13(n) of the CHALR, no other Articles...

12. Renewal of CHA License - the actions taken under the CBLR, 2013 will be without prejudice to the action that may be taken under Customs Act, 1962, thereby making it...

13. Contravention of provisions of Regulation 13(e) and 13(o) of CHA Licensing Regulation, 2004. - CHA has not even claimed that it had ever verified the existence of the...

14. Suspension of Customs Broker License - Deemed Suspension or automatic suspension? - There is no existence of any provision of “Deemed Suspension” or “automatic...

15. Levy of penalty u/s 112 (a) of the Customs Act 1962 - Customs House Agent (CHA) - violation of Regulation 13 of CHALR 2004 - It is alleged that the appellant did not...