Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) ...


Tribunal allows appeal, restores CHA license despite violation; suspension deemed sufficient punishment.

Case Laws     Customs

August 2, 2024

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) allowed the appeal against the revocation of the Custom House Agent (CHA) license and forfeiture of security deposit. The appellant was found guilty of violating regulations 13(b) and 13(j) of the CHALR, 2004, for aiding and abetting in smuggling old and used computers, peripherals, and laptops. Despite the appellant's inability to provide certain documents during the inquiry/adjudication process, the primary invoice was made available. The presence of an outsider during the examination was not considered an irregularity. Considering the appellant's prolonged inability to conduct business, the Tribunal opined that the period of suspension was sufficient punishment and directed the immediate restoration of the CHA license.

View Source

 


 

You may also like:

  1. 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...

  2. Customs broker's license revocation order set aside due to lack of evidence for alleged violations. Key findings: no proof of misdeclaration or undervaluation to...

  3. Suspension of CHA licence - If licence got renewed during continuation of suspension, the continuation of suspension is not legally sustainable - AT

  4. Suspension of CHA License - it is not expected from the CHA to physically verify the goods - even though it is established that the goods attempted to be exported were...

  5. Suspension of Customs Broker License - Deemed Suspension or automatic suspension? - There is no existence of any provision of “Deemed Suspension” or “automatic...

  6. Seeking revocation of suspension of the Customs license - execution of fake export through Land Customs Station - the Tribunal found that the continuous suspension of...

  7. Suspension of CHA License - revocation of licence or any punishment on the CHA should be commensurate with gravity of the offence whereas the adjudicating authority...

  8. Revocation of CHA licence – CHA sublet his licence for a consideration in gross violation of Regulation 12 of CHALR, 2004 and this is an act of corruption - AT

  9. The Customs Broker's license suspension under Regulation 16(1) of CBLR, 2018 and its continuation were challenged. The Tribunal examined the Bill of Entry details and...

  10. Suspension of CHA License - the suspension is required to be done immediately after the detection of case against the CHA for misdeed or any manipulation by the CHA,...

  11. Revocation of the customs broker licence - Misuse of G-Cards - sub-letting of the licence on commission basis for a monthly consideration - The case involved the...

  12. Advance licence - advance licence had been obtained by misrepresentation or not - importing a different material than one permitted under the licence - violation of the...

  13. Suspension of CHA License - The continuous suspension of the licence of the Customs Broker without either conducting an inquiry or issuing a notice for revocation of...

  14. Immediate Suspension of CHA License - the allegation that the appellant is a habitual offender, on the basis of the order of revocation of their CHA licence on 18-8-2006...

  15. Revocation of Customs Broker License - The licence of the respondent was suspended eight years ago and such suspension is continuing. Even if the respondent is adjudged...

 

Quick Updates:Latest Updates