Legal Broker Wins: No Penalties Without Clear Evidence of Intentional Customs Violation Under Sections 112(a) and 114AA

CESTAT examined penalty provisions under Sections 112(a) and 114AA of Customs Act, 1962. The tribunal found no substantive evidence to support penalties against the customs broker. The broker had regularly filed Bills of Entry, possessed valid KYC documents, and facilitated customs transactions without demonstrable malafide intent. Critically, no proof established direct involvement in misdeclaration or undervaluation of imported goods. The revenue failed to establish intentional abetment or deliberate misconduct. Consequently, the tribunal set aside the impugned order, ruling that penalties cannot be imposed merely on suspicion or third-party actions when due diligence requirements have been met. The appeal was allowed, quashing both penalties under the challenged sections. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X