The High Court considered whether the Tribunal could discard an ...

Tribunal upheld part of enquiry report in customs broker's case. Court clarified timeline as directory.

June 15, 2024

Case Laws     Customs     HC

The High Court considered whether the Tribunal could discard an enquiry report for breaching the timeline under Regulation 20 (5) of the Customs Broker Licensing Regulations, 2013. The Court held that the Tribunal could not have entirely disregarded the report, citing precedents. The Tribunal partially accepted the report, leading to a penalty on the broker. The Adjudicating Authority must consider proven materials, even if the broker is absent. The Court ruled that the timeline under Regulation 20 (5) is directory, giving the Tribunal discretion to weigh the enquiry report as appropriate. The application was disposed of accordingly.

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