Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
CESTAT held that the Revenue failed to prove beyond reasonable doubt that the intercepted Indian currency was intended for illegal export, noting the interception occurred about 3 km from the Bangladesh border and that the benefit of doubt accrues to the appellant. Consequently, the Tribunal set aside the order of absolute confiscation and the imposition of penalty under s.114 of the Customs Act, 1962, and directed the release of Rs.1,500,000 deposited with a bank, which had been seized from an intercepted person but purportedly belonging to the appellant. The appeal was allowed and the impugned order quashed.
CESTAT held that the Revenue failed to prove beyond reasonable doubt that the intercepted Indian currency was intended for illegal export, noting the interception occurred about 3 km from the Bangladesh border and that the benefit of doubt accrues to the appellant. Consequently, the Tribunal set aside the order of absolute confiscation and the imposition of penalty under s.114 of the Customs Act, 1962, and directed the release of Rs.1,500,000 deposited with a bank, which had been seized from an intercepted person but purportedly belonging to the appellant. The appeal was allowed and the impugned order quashed.
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