Levy of penalty u/s 114(iii) and 114AA of the Customs Act, 1962 ...

Tribunal Upholds Penalties on Customs Agent for Employee's Fraudulent Claim of Drawback Benefits, Citing Lax Oversight.

April 4, 2024

Case Laws     Customs     AT

Levy of penalty u/s 114(iii) and 114AA of the Customs Act, 1962 on Customs House Agent (CHA) - Misuse of signature by an employee of the CHA - attempt to avail fraudulent drawback benefits - The Tribunal noted discrepancies between declared values and actual goods, confirming the Revenue's assessment. Lack of evidence from the appellant to refute these claims further strengthened the Revenue's position. Despite the appellant's claims of signature misuse, no concrete evidence was presented. The Tribunal emphasized the appellant's responsibility as a CHA to verify documents properly. The appellant's failure to prevent misuse of his license, despite past suspensions, was deemed significant. - The Tribunal upheld the penalty.

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