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2026 Supreme(Online)(CESTAT) 140

CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
C J Mathew, Technical Member, Ajay Sharma, Judicial Member
Shivam Clearing Agency Mumbai Pvt Ltd – Appellant
Versus
Principal Commissioner of Customs (General) – Respondent


Advocates:
For the Appellants/Petitioners: Shri Prashant Patankar
For the Respondents: Shri Dinesh Nahal

Table of Content
1. proceedings against customs brokers must adhere to regulatory frameworks. (Para 1)
2. the appellant's lack of involvement in procurement of overstated invoices. (Para 2 , 3 , 4)
3. the need for substantiated evidence to uphold regulatory breaches. (Para 5 , 6 , 7)

PER: C J MATHEW

M/s Shivam Clearing Agency Mumbai Pvt Ltd, holder of customs broker licence no. 11/1044), who had been was proceeded against and in accordance with the powers under regulation 17 of Customs Brokers Licensing Regulations, 2018 , only to have their licence revoked and security deposit forfeited while, at the same time, imposed with penalty of ₹ 50,000 under regulation 18 of in order, [order-in-original no. 23/CAC/PCC(G)/SJ/CBS-Adj dated 10th July 2024] of Principal Commissioner of Customs (General), Mumbai. It would appear that the confirmation of the charges of having breached regulation 10(d) and 10(e) of , with breach of regulation 10(m) held as not proved, on the finding that the appellant herein had facilitated clearance of six, out of 49, shipping bills pertaining to M/s Hasu Impex in which goods were allegedly overvalued to avail ineligible drawback, was held to suffice for all the po

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