Customs Penalty Set Aside Due to Lack of Evidence Linking Broker to Fraudulent Exports

Kousik Nundy Vs Commissioner of Customs (Port) (CESTAT Kolkata) The case involves two appeals filed by the appellant, a Customs Broker and proprietor of a forwarding firm, against separate orders passed by the lower authorities imposing penalties under Sections 114(iii) and 114AA of the Customs Act, 1962. Since both appeals involved a common question of law and arose from similar facts, they were decided through a common order. The matter originated from two show cause notices alleging fraudulent export activities carried out by certain exporting firms through overvaluation of goods with the i...