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Penalty for abetment under customs law could not be sustained where the show cause notice alleged only breach of authorised courier obligations under Regulation 13 of the Courier Imports and Exports (Clearance) Regulations, 1998, and did not specifically allege abetment. The Tribunal noted that Section 112(a) penalty was imposed on an abetment basis without the necessary allegation, making the penalty untenable. It also observed that proceedings under the courier regulations had already been dropped in the appellant's favour, so the alleged regulatory contravention could not support the penalty.
Penalty for abetment under customs law could not be sustained where the show cause notice alleged only breach of authorised courier obligations under Regulation 13 of the Courier Imports and Exports (Clearance) Regulations, 1998, and did not specifically allege abetment. The Tribunal noted that Section 112(a) penalty was imposed on an abetment basis without the necessary allegation, making the penalty untenable. It also observed that proceedings under the courier regulations had already been dropped in the appellant's favour, so the alleged regulatory contravention could not support the penalty.
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