Violation of Regulation 10(d) of CBLR established - appellant ...

Appellant failed to advise client on SCOMET export authorization, wrongly relied on declaration. Penalty upheld, revocation set aside.

July 26, 2024

Case Laws     Customs     AT

Violation of Regulation 10(d) of CBLR established - appellant obligated to advise client about authorization requirement for SCOMET item export, instead filed Shipping Bill. Appellant's reliance on client's declaration unacceptable - onus on appellant to know law. SCN not time-barred - issued within 80 days of receipt of correct offence report. Revocation of license, forfeiture of security deposit disproportionate considering no evidence of profiting, appellant out of work for a year. Penalty of Rs. 50,000/- upheld, revocation and forfeiture set aside. Appeal partly allowed.

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