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CESTAT allowed the appeal and set aside the impugned order which had imposed a monetary penalty of Rs.50,000 under Regulation 18 of the CBLR, 2013 for alleged breach of Regulation 11(n). The Tribunal found that, although non-compliance with Regulation 11(n) (failure to verify the declared address of the exporter) was established, the Appellant was not shown to have abetted mis-declaration, benefited from, or participated in fraudulent export transactions. In view of absence of culpability in the fraudulent draw-back scheme, the penalty was held improper and untenable; consequential revocation/forfeiture measures imposed against the Appellant were set aside and the appeal was allowed.
CESTAT allowed the appeal and set aside the impugned order which had imposed a monetary penalty of Rs.50,000 under Regulation 18 of the CBLR, 2013 for alleged breach of Regulation 11(n). The Tribunal found that, although non-compliance with Regulation 11(n) (failure to verify the declared address of the exporter) was established, the Appellant was not shown to have abetted mis-declaration, benefited from, or participated in fraudulent export transactions. In view of absence of culpability in the fraudulent draw-back scheme, the penalty was held improper and untenable; consequential revocation/forfeiture measures imposed against the Appellant were set aside and the appeal was allowed.
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