HC
dismisses Custom Broker’s writ petition against prohibition order under
Regulation 23 of Customs Brokers Licensing Regulations, 2013 for alleged
mis-declaration of rate of duty applicable on imported goods; Referring to
earlier ruling in case of Capricon Logistics Pvt. Ltd., HC rejects assessee’s
plea that in terms of Section 129-A of Customs Act, only a decision or order
passed by Principal Commissioner / Commissioner of Customs as an ‘Adjudicating
Authority’ is appealable; Holds that Dept. authorities including Appellate
Authorities and CESTAT are better equipped and manned with experts in the field
to measure pros and cons of cases arising under Customs Act, and are better
disposed of to deal with situations arising under the Regulations; A Customs Broker
cannot completely disentangle or distance himself from mis-declaration made on
behalf of / by importers themselves, states HC while observing that the
non-obstante provisions of Regulation 23 to prohibit a Customs Broker from
working in any section of Customs territory have been enacted to put in place
effective measures against illegal activities and duty evasion; Hence,
procedure of giving prior notice or hearing opportunity has been deliberately
excluded, observes HC and accordingly, directs CESTAT to consider matter on
merits under appellate jurisdiction : Karnataka HC
Subscribe to:
Post Comments (Atom)
India-Mauritius DTAA Protocol Notified: Key Tax Implications
The Government of India has notified the amendment to the Protocol of the India-Mauritius Double Tax Avoidance Agreement (DTAA) on 13 Oct...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
In a recent informal guidance letter, SEBI clarified whether a cousin of a Promoter Group member qualifies as a person ‘related to promote...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
Key features of File Validation Utility (FVU) version 3.3 FVU 3.3 will be applicable for quarterly TDS/ TCS statements pertaining to...
-
CIT vs. The Instalment Supply Ltd (Delhi High Court) The assessee bought 1614 items of computer systems for Rs.40 lacs from HCL Hewlett ...
-
Facts The applicant („A‟) is a closely held Public Limited company incorporated in India in the year 1953. A‟s shareholder included A (...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
Until now, 'Samaritans' is not how the Independent Directors are purported by Clause 49 in the Listing agreement. An Independ...
-
1. Concept of “limited liability partnership” LLP is an alternative corporate business form that gives the benefits of limited liability ...
-
SREI Infrastructure Finance Ltd vs. ITSC (Delhi High Court) The assessee entered into a scheme of arrangement u/s 391-394 of the Compani...
No comments:
Post a Comment