Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
The CESTAT held that the importer was entitled to exemption under Notification No. 12/2012-CUS entry Sr. No. 108 description (A) for their drugs and bulk drugs, which did not involve conditions prescribed under description (B). Since the duty demand itself was unsustainable against the company, the personal penalty imposed on their employee (the appellant) u/r 26 of Central Excise Rules, 2012 for aiding or abetting duty evasion was set aside. The Tribunal observed no suppression of facts or mala fide intent by the company or the appellant in availing the notification. Relying on a Gujarat High Court decision, the personal penalty was held unsustainable for an interpretational issue. Consequently, the appeal was allowed.
The CESTAT held that the importer was entitled to exemption under Notification No. 12/2012-CUS entry Sr. No. 108 description (A) for their drugs and bulk drugs, which did not involve conditions prescribed under description (B). Since the duty demand itself was unsustainable against the company, the personal penalty imposed on their employee (the appellant) u/r 26 of Central Excise Rules, 2012 for aiding or abetting duty evasion was set aside. The Tribunal observed no suppression of facts or mala fide intent by the company or the appellant in availing the notification. Relying on a Gujarat High Court decision, the personal penalty was held unsustainable for an interpretational issue. Consequently, the appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
