Cargo Yatri Private Ltd. Vs Principal Commissioner of Customs (General) (CESTAT Mumbai)
A customs brokerage firm, M/s Cargo Yatri Private Ltd., has faced regulatory action from customs authorities after it handled a consignment involving misdeclared goods without adequately verifying the credentials and operational status of the importer. The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Mumbai, while acknowledging the broker’s lapse in conducting due diligence, has modified the severity of the penalties initially imposed by the Principal Commissioner of Customs.
In a ruling that underscores the critical obligations placed upon customs brokers under the Customs Brokers Licensing Regulations (CBLR), 2018, the tribunal upheld the forfeiture of the brokerage firm’s security deposit but set aside the outright revocation of its licence and a separate monetary penalty.
The case originated from an offence report triggered by a bill of entry filed on March 4, 2023. The consignment was declared as ‘perlite ores’ with a value of ₹4,34,083, attracting a duty of ₹46,772. However, investigations revealed that the actual goods imported were ‘black pepper’ and ‘cigarettes’, items subject to significantly different import regulations and duties. This misdeclaration pointed towards a potential attempt at smuggling and duty evasion.
Following the detection of the misdeclared cargo, the licensing authority initiated proceedings against Cargo Yatri Private Ltd. under the provisions of the CBLR, 2018. The notice issued to the firm under Regulation 17 alleged breaches of multiple regulations governing the conduct of customs brokers: Regulation 10(d), Regulation 10(e), and Regulation 10(n).
