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Customs - Highlights / Catch Notes

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The case pertains to an alleged violation of Customs Broker ...


Customs Broker Complied with Regulations, Represented IEC Holders Legally.

Case Laws     Customs

October 25, 2024

The case pertains to an alleged violation of Customs Broker Licensing Regulations (CBLR) 2018, specifically Regulations 10(d), 10(n), and 11 of CBLR 2013, by a Customs Broker. The key points are: The Customs Broker met the IEC holders in person, obtained the required documents under KYC guidelines, and the IEC holders acknowledged the representative's authority. The Regulations do not prohibit such consensual arrangements between IEC holders and the representative. The representative submitted export documents on behalf of the importing firms, and payments were made to the disclosed accounts. The CESTAT concluded that the importers possessed the requisite documents, the appellant did not gain any undue benefit from the arrangement, and the CESTAT order was based on sound reasoning and application of legal principles. Consequently, the High Court dismissed the appeal.

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