All appeals dismissed; finding of anti-competitive bid-rigging upheld under Sections 3(3)(c), 3(3)(d) read with 3(1); cease-and-desist and total-turno...
Central Government notifies 11.541-hectare Special Economic Zone for semiconductor manufacturing; Approval Committee constituted, ICD status effective...
Government appoints National Customs Targeting Centre-Passenger director as customs officer with powers under PNR Regulations, 2022 and Sections 30A, ...
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CESTAT allowed the appeal and set aside the penalty under s.112, Customs Act, 1962. The Tribunal found the appellant acted solely as a broker for commission and that the impugned order rested only on uncorroborated inculpatory statements which the appellant retracted. Statements recorded under s.108 were inadmissible in adjudication as the procedural safeguards in s.138B (examination/cross-examination) were not satisfied. The adjudicator failed to demonstrate how the alleged commercial link implicated the appellant in over-invoicing or circular trading. Further, s.112 was inapplicable: no prohibition was in force, no duty was payable, alleged value was not higher than declared, and no duty evasion was established.
CESTAT allowed the appeal and set aside the penalty under s.112, Customs Act, 1962. The Tribunal found the appellant acted solely as a broker for commission and that the impugned order rested only on uncorroborated inculpatory statements which the appellant retracted. Statements recorded under s.108 were inadmissible in adjudication as the procedural safeguards in s.138B (examination/cross-examination) were not satisfied. The adjudicator failed to demonstrate how the alleged commercial link implicated the appellant in over-invoicing or circular trading. Further, s.112 was inapplicable: no prohibition was in force, no duty was payable, alleged value was not higher than declared, and no duty evasion was established.
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