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

Customs broker's license revocation overturned due to lack of evidence for alleged export overvaluation and drawback fraud.

December 19, 2024

Case Laws     Customs     AT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeal and set aside the impugned order revoking the customs broker's license, forfeiting the security deposit, and imposing penalty. The Tribunal held that the alleged breaches of regulations 10(d), 10(e), 10(f), and 10(n) of the Customs Brokers Licensing Regulations, 2018, were not established. The allegations pertained to the export of overvalued goods to claim ineligible drawback, supported by fake bills from purported buyers instead of actual suppliers. However, the Tribunal ruled that the customs broker's actions before filing the shipping bill did not fall within the purview of the licensed activities. Additionally, there was no evidence of providing incorrect information leading to the exporter's breach or failure to verify the client's credentials as alleged.

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