Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
The CESTAT allowed the appeal and set aside the penalties imposed u/s 114A of the Customs Act. The Tribunal held that penalty u/s 114A can only be imposed when duty is payable. In this case, the duty was payable by M/s. BGH Exim Ltd (seller of goods), which had already been paid and settled under the Settlement Commission. Furthermore, the demand in the show cause notice proposing joint and several liability for duty on M/s. BGH Exim Ltd and the appellants was legally untenable, as duty cannot be demanded jointly and severally. Since the duty was confirmed only against M/s. BGH Exim Ltd, there was no reason to impose penalty u/s 114A on the appellants.
The CESTAT allowed the appeal and set aside the penalties imposed u/s 114A of the Customs Act. The Tribunal held that penalty u/s 114A can only be imposed when duty is payable. In this case, the duty was payable by M/s. BGH Exim Ltd (seller of goods), which had already been paid and settled under the Settlement Commission. Furthermore, the demand in the show cause notice proposing joint and several liability for duty on M/s. BGH Exim Ltd and the appellants was legally untenable, as duty cannot be demanded jointly and severally. Since the duty was confirmed only against M/s. BGH Exim Ltd, there was no reason to impose penalty u/s 114A on the appellants.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
