Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Penalty under section 112(ii) of the Customs Act was in issue for alleged violation of conditions of duty-free gold import under the "Export Against Supply by Nominated Agencies" scheme. The Tribunal held that default would arise only upon failure to complete exports within the prescribed FTP/HBP timelines and furnish supporting evidence; here, customs cancelled the importer's bonds after due verification of exports based on shipping bill EP copy, BRC and customs-attested invoices. The shortfall quantity, for which export proof was unavailable, was regularised by payment of duty with interest, evidencing compliance with the exemption framework. Accordingly, no contravention of the exemption notification was established and penalty was not sustainable; the appeal was dismissed. - CESTAT
Penalty under section 112(ii) of the Customs Act was in issue for alleged violation of conditions of duty-free gold import under the "Export Against Supply by Nominated Agencies" scheme. The Tribunal held that default would arise only upon failure to complete exports within the prescribed FTP/HBP timelines and furnish supporting evidence; here, customs cancelled the importer's bonds after due verification of exports based on shipping bill EP copy, BRC and customs-attested invoices. The shortfall quantity, for which export proof was unavailable, was regularised by payment of duty with interest, evidencing compliance with the exemption framework. Accordingly, no contravention of the exemption notification was established and penalty was not sustainable; the appeal was dismissed. - CESTAT
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