The appellant, Container Corporation of India, was granted ...

Cargo handler penalized for violating Customs regulations on area notification and compliance.

Case Laws     Customs

August 17, 2024

The appellant, Container Corporation of India, was granted custodianship as a Customs Cargo Service Provider (CCSP) under the Handling of Cargo in Customs Areas Regulations (HCCAR), 2009. The approval of CCSP is subject to conditions under Regulation 5, and responsibilities are outlined in Regulation 6. During the renewal process, discrepancies were found regarding non-compliance with Regulations 5(1)(i)(c)(f)(g)(n) and clause (iii), leading to penalties under Regulation 12(8) of HCCAR, 2009. Additionally, the custodian operated from an area not notified u/s 8 of the Customs Act, 1962, violating Sections 45, 7, and 8, resulting in a penalty u/s 117. The Appellate Tribunal upheld the penalties but reduced the amounts to Rs. 10,000/- under Regulation 12(8) of HCCAR, 2009, and Rs. 25,000/- u/s 117 of the Customs Act, 1962.

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