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Customs - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Levy of penalty on Customs Broker - Forfeiture of the security ...


Tribunal Reduces Penalty for Customs Broker After Employee's Illegal Export Violation; Security Deposit Forfeiture Overturned.

February 5, 2024

Case Laws     Customs     AT

Levy of penalty on Customs Broker - Forfeiture of the security deposit - Role of the employee of the CB - illegal export of prohibited goods - Tribunal held that, considering the extent of violation that can be attributed to the appellant and the fact noted by the Commissioner that active role was played by Shri Kumod Kumar Choudhary, employee of the CB and role of CB has not come out anywhere in the investigation as also CB has taken immediate action against the employee, applying the doctrine of proportionality the forfeiture of security deposit is far beyond proportion and imposition of penalty of Rs. 50,000/- is sufficient.

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