Customs matter

Querist : Anonymous (Querist) 23 June 2010 This query is : Resolved
if "Z" who introduced "A"(CHA) to "B" (Importer) for clearance of the goods from the port. Clearing activities done by "A" (CHA). The Department found undervalued imported goods and department enhanced the duty.

Now department alleged that "Z" was acting as a front man of CHA firm and also alleged that the "Z" had cleared some consignments of identical goods as Director and had full knowledge that non declaration of crucial parameters like model numbers will have a direct impact on the value of the goods. Also alleged that the "Z" have advised not to mention the model numbers.

Under What ground "Z" save himself...kindly suggest me the grounds.

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Sumit Batra (Expert) 23 June 2010
it depends in what capacity Z acted. If he acted in professional capacity as a Lawyer of Chartered Accountant, then no way on earth Z can be held liable. Moreover, if Z cleared the goods as a director, then definitely it will be held against him but still there are ways to counter this.

Adv.Aiyer VLV (Expert) 23 June 2010
Z as director of what A or B?

in the charge matter, your story of introduction has no impact. charge is for Z clearing goods of his own basis.

this case will have to be dealt by Z as individual.

more info needed for clarity in answer

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