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The CESTAT set aside the penalty order imposing a Rs. 1 crore fine on the appellant under section 114 of the Customs Act read with section 13 of FEMA, which was based solely on statements recorded under section 108 of the Customs Act. The Tribunal rejected the department's contention that relief should be denied as co-accused had not appealed, affirming that the appellant's right to appeal is independent. Consequently, the penalty imposed by the Commissioner on 02.02.2021 was quashed and the appellant's appeal was allowed.
The CESTAT set aside the penalty order imposing a Rs. 1 crore fine on the appellant under section 114 of the Customs Act read with section 13 of FEMA, which was based solely on statements recorded under section 108 of the Customs Act. The Tribunal rejected the department's contention that relief should be denied as co-accused had not appealed, affirming that the appellant's right to appeal is independent. Consequently, the penalty imposed by the Commissioner on 02.02.2021 was quashed and the appellant's appeal was allowed.
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