Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The CESTAT set aside the impugned order imposing a penalty under Section 112 of the Customs Act, 1962 on the appellant (customs clearing agent/employee), holding that there was no evidentiary basis to establish mens rea or active participation in diversion of imported goods subject to an advance licence; the record showed only handling of documents and no admission or statement implicating the appellant in physical delivery to an unauthorised location. For want of proof linking the appellant to the diversion or knowledge thereof, the Tribunal quashed the penalty and allowed the appeal, remitting no further relief.
The CESTAT set aside the impugned order imposing a penalty under Section 112 of the Customs Act, 1962 on the appellant (customs clearing agent/employee), holding that there was no evidentiary basis to establish mens rea or active participation in diversion of imported goods subject to an advance licence; the record showed only handling of documents and no admission or statement implicating the appellant in physical delivery to an unauthorised location. For want of proof linking the appellant to the diversion or knowledge thereof, the Tribunal quashed the penalty and allowed the appeal, remitting no further relief.
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