Levy of penalty on CHA - allegation of abetting some ...
Customs House Agent Cleared: No Evidence of Misconduct in Exporters' Fraud Case; Penalties Overturned.
May 12, 2023
Case Laws Customs AT
Levy of penalty on CHA - allegation of abetting some unscrupulous exporters - mens rea - The CHA are merely but processing agent on documents of clearance of goods through Customs House. They are not the Inspector to inspect the genuineness of transactions nor they have any allegation to look into the information receive from the exporter/importer. - it is clear that there is no such evidence on record which may prove knowledge with the appellants about the alleged mis-declaration. In such circumstances, the order imposing penalties upon the appellants is now sustainable - AT
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