Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
A steamer agent's penalty under Section 112(a) of the Customs Act was set aside because it filed the IGM on the Master's declarations, promptly sought amendment on confirmation of the retained onboard cargo, and there was no evidence of conscious involvement, connivance, aiding, abetting, or deliberate suppression. The Tribunal held that a mere procedural lapse, inadvertent omission, or communication failure is insufficient for penal liability. It also ruled that retained onboard cargo which remained continuously on the vessel, was never unloaded in India, and was discharged abroad did not acquire the character of imported goods and therefore was not liable to confiscation under Section 111.
A steamer agent's penalty under Section 112(a) of the Customs Act was set aside because it filed the IGM on the Master's declarations, promptly sought amendment on confirmation of the retained onboard cargo, and there was no evidence of conscious involvement, connivance, aiding, abetting, or deliberate suppression. The Tribunal held that a mere procedural lapse, inadvertent omission, or communication failure is insufficient for penal liability. It also ruled that retained onboard cargo which remained continuously on the vessel, was never unloaded in India, and was discharged abroad did not acquire the character of imported goods and therefore was not liable to confiscation under Section 111.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
