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

Customs broker's license suspension case involving violations of ...


Customs Broker's License Suspension: Mis-declaration Saga Unfolds.

Case Laws     Customs

August 30, 2024

Customs broker's license suspension case involving violations of Regulations 10(d) and 10(e) of Customs Brokers Licensing Regulations (CBLR), 2018. Gross mis-declaration of quantity, description, and nature of goods with intent to evade applicable customs duty. Delay in issuing show cause notice and submission of inquiry report. Initiation of inquiry proceedings under Regulations 14, 17, and 18 for CBLR violations and levy of penalty. Violation of Regulation 10(d) upheld as broker failed to file bills of entry per correct documents, advise importers on proper declaration and duty payment, and inform customs authorities about doubts. Violation of Regulation 10(e) not sustainable as charges framed under separate CBLR proceedings requiring specific findings based on inquiry. Slight delay in issuing show cause notice and submitting inquiry report, but adjudication completed within prescribed time. Penalty of Rs.10,000/- imposed for failure to be proactive under Regulation 10(d). License revocation and security deposit forfeiture set aside due to lack of Regulation 10(e) violation. Appeal allowed in favor of appellants with reduced penalty.

View Source

 


 

You may also like:

  1. Customs broker's license revoked for non-compliance with Regulations 13(d), 13(e), and 13(f) of CHALR, 2004. Delay in inquiry proceedings. Broker held license since 1983....

  2. The appeal challenges the revocation of customs broker license, forfeiture of security deposit, and penalty imposed for alleged violations of Regulations 10(d) and 10(n)...

  3. Revocation of Customs Broker License - Proceedings for revocation of license contemplated under regulations 14 and 17 are independent of the proceedings for suspension...

  4. 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...

  5. Revocation of the Customs Broker License - import of of E-waste from Dubai to JNPT - mis-declaration of goods - There is no involvement of appellant in alleged smuggling...

  6. Suspension of Customs Broker License - It is true that suspension is required only in cases where the Commissioner feels the need for immediate action. But this...

  7. The case involves a Customs Broker's license revocation for involvement in mis-declaration and fraudulent export of "Uric Acid." The Commissioner of Customs followed the...

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

  9. Continuation of Suspension of Customs Broker License - The punishment meted out to the Custom Broker should be commensurate with such omission. It is a settled law that...

  10. Suspension of Customs Broker Licence - prolonged suspension of license - This Court is of the considered opinion that interim suspension cannot be allowed to continue...

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

  12. Revocation of Customs Broker License - Forfeiture of security deposit - levy of penalty - mis-declaration on part of the Exporter - violation of the provisions of...

  13. Suspension of Customs Broker License - single alleged misdemeanour - The goods are not a normal item of import requiring close familiarity on the part of the importer....

  14. Suspension of Customs Broker License - restricted goods - As the mandatory documents could not be arranged in time, the Customs Broker has advised the importer to file...

  15. Suspension of the customs broker licence - When the appellant itself has made submissions on merits as defence, the Commissioner was bound to examine those and give his...

 

Quick Updates:Latest Updates