Depreciation and routine compliance expenses disallowance did not prove inaccurate particulars or misreporting; penalty sustained only on foreign trav...
CESTAT set aside penalties imposed u/ss 112(a)(i) and 114AA of Customs Act in a case involving smuggled cigarettes concealed as ladies garments. The Tribunal found insufficient evidence linking the appellant to smuggling operations. Bank transactions between appellant's company and co-accused's firms were deemed regular business dealings. The primary evidence, a statement by co-accused VA, was ruled inadmissible as appellant was denied cross-examination rights u/s 138B. The Tribunal emphasized that no documentation proved appellant's prior knowledge of concealment or use of false declarations. Following natural justice principles and citing lack of corroborative evidence, CESTAT concluded penalties were legally unsustainable and allowed the appeal.
CESTAT set aside penalties imposed u/ss 112(a)(i) and 114AA of Customs Act in a case involving smuggled cigarettes concealed as ladies garments. The Tribunal found insufficient evidence linking the appellant to smuggling operations. Bank transactions between appellant's company and co-accused's firms were deemed regular business dealings. The primary evidence, a statement by co-accused VA, was ruled inadmissible as appellant was denied cross-examination rights u/s 138B. The Tribunal emphasized that no documentation proved appellant's prior knowledge of concealment or use of false declarations. Following natural justice principles and citing lack of corroborative evidence, CESTAT concluded penalties were legally unsustainable and allowed the appeal.
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