Family-linked property purchases using fabricated loan agreements and benami-style arrangements held to be crime proceeds; attachment upheld, appeal d...
Charitable tree plantation and maintenance for environmental preservation treated as "charitable activity", exempt from GST under Notification 12/2017...
CESTAT examined penalties imposed on the appellants, acting as high sea sellers and job workers, under s.112(b) of the Customs Act, 1962 for allegedly colluding with the importer to evade duty and wrongfully claim exemption on imported LCC paper rolls. The Tribunal held that penalty under s.112(b) requires clear proof of mens rea, i.e., that the person "knew or had reason to believe" the goods were liable to confiscation under s.111. The Dept. failed to adduce any evidence that the appellants had knowledge of, or participated in, the importer's fraud. Job-work documents were not found defective. CESTAT therefore set aside the penalties and allowed the appeals.
CESTAT examined penalties imposed on the appellants, acting as high sea sellers and job workers, under s.112(b) of the Customs Act, 1962 for allegedly colluding with the importer to evade duty and wrongfully claim exemption on imported LCC paper rolls. The Tribunal held that penalty under s.112(b) requires clear proof of mens rea, i.e., that the person "knew or had reason to believe" the goods were liable to confiscation under s.111. The Dept. failed to adduce any evidence that the appellants had knowledge of, or participated in, the importer's fraud. Job-work documents were not found defective. CESTAT therefore set aside the penalties and allowed the appeals.
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