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Masterstroke Freight Forwarders Pvt ... vs Commissioner Of Customs - Chennai Ii ... on 14 July, 2025
cites
The Indian Penal Code, 1860
Section 111 in The Customs Act, 1962 [Entire Act]
Section 107 in The Customs Act, 1962 [Entire Act]
Section 112 in The Customs Act, 1962 [Entire Act]
Section 107 in The Indian Penal Code, 1860 [Entire Act]
M/S Sms Logistics vs Commissioner Of Customs (General), New ... on 12 September, 2023
5. Blameworthy conduct by a CB can be subject to penal action both
under the Customs Act 1962 and the Custom House Agents Licensing
Regulations, 2004 (Regulations) as was in vogue at the relevant time.
Any contravention by the CB of the obligations under the Regulations,
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even without intent would be sufficient to invite a penalty upon the
CHA as stated in the Regulations, which could also extend to the more
stringent provision of revocation of the Customs Brokers Licence.
Hence the Regulations carves out a special treatment for acts of
delinquency by the CB. Such actions are in essence disciplinary
proceedings to ensure compliance with the regulatory provisions. [See:
SMS Logistics Vs Commissioner of Customs (General), New
Customs House, New Delhi - 2024 (387) E.L.T. 157 (Del.
Commercial Tax Officer, Rajasthan vs Binani Cement Ltd. & Anr on 19 February, 2014
6. When the legislature makes a special law, the presumption is
that a general enactment is not intended to interfere with the special
provision unless that intention of the legislature is stated very clearly.
The specific prevails over the general. Each enactment must be
construed in that respect according to its own subject matter and its
own terms. The Hon'ble Supreme Court in COMMERCIAL TAX
OFFICER, RAJASTHAN v. M/S BINANI CEMENT LTD. & ANR.
[(2014) 3 S.C.R. 1] while examining this issue sated as under;
The General Clauses Act, 1897
Section 34 in The Customs Act, 1962 [Entire Act]
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