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...
Imposition of penalties on the appellants u/ss 112(a) and 114AA of the Customs Act, 1962. The adjudicating authority failed to consider the appellants' request for cross-examination of witnesses, violating the principles of natural justice. The statements relied upon were inadmissible as evidence u/s 138B, requiring examination and cross-examination of witnesses. Furthermore, the electronic documents lacked the requisite certificate u/s 138C, rendering them inadmissible. Crucially, no mala fide act or omission was established to warrant penalties u/ss 112(a) and 114AA. Consequently, the Tribunal allowed the appeal, setting aside the impugned order upholding the penalties.
Imposition of penalties on the appellants u/ss 112(a) and 114AA of the Customs Act, 1962. The adjudicating authority failed to consider the appellants' request for cross-examination of witnesses, violating the principles of natural justice. The statements relied upon were inadmissible as evidence u/s 138B, requiring examination and cross-examination of witnesses. Furthermore, the electronic documents lacked the requisite certificate u/s 138C, rendering them inadmissible. Crucially, no mala fide act or omission was established to warrant penalties u/ss 112(a) and 114AA. Consequently, the Tribunal allowed the appeal, setting aside the impugned order upholding the penalties.
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