Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
The CESTAT upheld the confiscation of 14200 kg of battery scrap of foreign origin which was smuggled through unauthorized routes from Nepal. The appellant was found to be the mastermind and penalized Rs.25,000/-, which was not considered excessive given that battery scrap falls under hazardous goods category. The appellant's claim of procuring the scrap locally could not be substantiated as used batteries cannot be freely traded per the Batteries (Management and Handling) Rules, 2001. The retraction of statements by co-noticees during adjudication was not given merit. The penalty on the appellant's accomplice, responsible for arranging invoices, was reduced to Rs.17,500/-. The appeal was partly allowed.
The CESTAT upheld the confiscation of 14200 kg of battery scrap of foreign origin which was smuggled through unauthorized routes from Nepal. The appellant was found to be the mastermind and penalized Rs.25,000/-, which was not considered excessive given that battery scrap falls under hazardous goods category. The appellant's claim of procuring the scrap locally could not be substantiated as used batteries cannot be freely traded per the Batteries (Management and Handling) Rules, 2001. The retraction of statements by co-noticees during adjudication was not given merit. The penalty on the appellant's accomplice, responsible for arranging invoices, was reduced to Rs.17,500/-. The appeal was partly allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
