Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
The primary issue was whether penalties under s.114AA, s.158(2), s.117 and Reg.12(8) could be imposed for generation of dummy export documents; the tribunal found the documents were produced bona fide for internal calculation and there was no evidence they were used in any customs transaction nor that appellants acted knowingly or fraudulently, so s.114AA (penalty for knowingly making false material) did not apply - penalty under s.158(2) was inapplicable as it is merely enabling and not penal; s.117 (residuary) could not be invoked where specific penalties were concurrently imposed; Reg.12(8) penalty likewise unwarranted; impugned order set aside and appeals allowed. - CESTAT
The primary issue was whether penalties under s.114AA, s.158(2), s.117 and Reg.12(8) could be imposed for generation of dummy export documents; the tribunal found the documents were produced bona fide for internal calculation and there was no evidence they were used in any customs transaction nor that appellants acted knowingly or fraudulently, so s.114AA (penalty for knowingly making false material) did not apply - penalty under s.158(2) was inapplicable as it is merely enabling and not penal; s.117 (residuary) could not be invoked where specific penalties were concurrently imposed; Reg.12(8) penalty likewise unwarranted; impugned order set aside and appeals allowed. - CESTAT
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