GMC & Co. Vs Commissioner of Customs (Airport & Administration) (CESTAT Kolkata)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Kolkata, has upheld the revocation of the Customs Broker Licence belonging to GMC & Co., alongside the forfeiture of its security deposit. The decision, pronounced on July 16, 2025, stems from alleged irregularities committed by Shri Nitesh Patel, a G-card Holder engaged by GMC & Co., who was found to have provided access to the firm’s system, leading to misdeclaration and undervaluation of imported goods.
The proceedings against GMC & Co. were initiated following an Offence Report dated September 8, 2017, from the Joint Director, Directorate of Revenue Intelligence (DRI), Mumbai Zonal Unit. The report detailed two specific instances of alleged complicity by Shri Nitesh Patel.
The first incident involved an investigation into an import by Bright Traders under Bill of Entry No. 8462837 dated February 7, 2017. The imported goods, primarily mobile phones and other electronic items, were flagged for MRP valuation and BIS (Bureau of Indian Standards) violations. During the investigation, Binod Shrstha, the proprietor of Bright Traders, admitted to lending his Import Export Code (IEC) to one Manoj Shukla, who subsequently accepted responsibility for the mis-declaration.
The second case highlighted in the Offence Report concerned imports by Bright Ways under Bill of Entry Nos. 8462140 and 8462176, both dated February 7, 2017, and 8562072 dated February 15, 2017. These consignments involved PVC Sheets and vacuum flasks, with allegations of undervaluation. Pravin Bhawanidas Modi, the importer, appeared before the Investigating Officer and admitted to the undervaluation, stating it was done to save customs duty.
