Violation of principles of natural justice - denial of ...

Denial of cross-exam opportunity to customs broker in license revocation case involving undervaluation, misdeclaration & concealment charges. Inquiry officer delayed report.

Case Laws Customs

July 18, 2024

Violation of principles of natural justice - denial of cross-examination - revocation of customs broker license, forfeiture of security deposit, and penalty imposed by adjudicating authority - investigation revealed undervaluation, misdeclaration, undeclared/concealed goods, and prohibited nature of goods - importer alleged to be a dummy firm - appellant customs broker denied opportunity to cross-examine persons whose statements were relied upon by department - inquiry officer delayed issuance of report beyond prescribed period - right of cross-examination recognized under CBLR Regulations - exceptional circumstances required for denial of cross-examination - appellant questioned integrity of statements recorded u/s 108 - no attempt made to secure presence of witnesses for cross-examination - provisions of Regulation 17(4) disregarded - serious prejudice caused to appellant - impugned order set aside, appeal allowed.

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Violation of principles of natural justice - denial of ...

Denial of cross-exam opportunity to customs broker in license revocation case involving undervaluation, misdeclaration & concealment charges. Inquiry officer delayed report.

Case Laws Customs

July 18, 2024

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