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2024 Supreme(Online)(DEL) 9163

HIGH COURT OF DELHI
YASHWANT VARMA, RAVINDER DUDEJA, JJ
NAMAN GUPTA – Appellant
Versus
COMMISSIONER OF CUSTOMS AIRPORT AND GENERAL – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Prabhat Kumar, Mr. Karan Dang, Ms. Swadha Gupta
For the Respondents: Mr. Ajit Kumar Kalia, Mr. Abhinav Kalia

JUDGMENT

RAVINDER DUDEJA, J.

1. This Writ Petition has been preferred by Custom House Agent (CHA) against the Order-in-Original dated 29.06.2022 passed by respondent, revoking the Custom Broker License of the petitioner, forfeiting the entire security deposit and imposing penalty of Rs. 50,000/-.

2. BRIEF FACTS

Briefly stated, petitioner was granted license to operate as a Custom Broker (CB), which was valid upto 19.12.2025. The instant matter pertains to the previous exports of ball-bearings, investigation of which, was initiated by SIB, ACC, Kolkata on the basis of four live export consignments of unbranded ball-bearings on 24.09.2020 filed by M/s Gupta Vyapar (IEC CTGPG 6543A). These four consignments were highly over-valued for export to defraud to the exchequer by way of getting very high Input Tax Credit (ITC) Refund and other export related incentives. Thereafter, data pertaining to export of ball-bearings was analyzed for the period 01.01.2020 to 12.09.2020, wherein, it was found that a total of 35 consignments of similar/identical description had been exported, out of which, 23 consignments had been cleared by M/s Naman Gupta & Associates (hereinafter referred to as Custom B

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