Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Penalty under s.112(a) of the Customs Act was examined on the allegation that the appellant abetted undervaluation and duty evasion by lack of due care in maintaining the importer's accounts. The SCN and the impugned order did not explain how any act or omission by the appellant amounted to abetment, and reliance on the appellant's statement was untenable as its admissibility under s.138B was not established; in any event, the statement only described courier-led clearance on supplier invoices and did not support a finding of abetment. With no evidence of intentional conduct, instigation, or conspiracy, the finding reduced at most to negligence, which cannot sustain s.112(a) penalty. Penalty was set aside and appeal allowed - CESTAT
Penalty under s.112(a) of the Customs Act was examined on the allegation that the appellant abetted undervaluation and duty evasion by lack of due care in maintaining the importer's accounts. The SCN and the impugned order did not explain how any act or omission by the appellant amounted to abetment, and reliance on the appellant's statement was untenable as its admissibility under s.138B was not established; in any event, the statement only described courier-led clearance on supplier invoices and did not support a finding of abetment. With no evidence of intentional conduct, instigation, or conspiracy, the finding reduced at most to negligence, which cannot sustain s.112(a) penalty. Penalty was set aside and appeal allowed - CESTAT
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