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...
Central issue: whether administrative findings of breaches of Customs Broker Licensing Regulations (10(d), 10(e), 10(m), 10(f), 13(12)) and consequent penalty/forfeiture could stand where they rested on recorded statements. Reasoning: recorded statements under section 108 were neither admitted as evidence nor were declarants summoned/examined, and therefore are irrelevant under section 138D and inadmissible under section 138B; the statements were also not relied upon in the show-cause notice. Outcome: findings of regulatory violation and attendant penalty/forfeiture are unsustainable and the impugned order is set aside. - CESTAT
Central issue: whether administrative findings of breaches of Customs Broker Licensing Regulations (10(d), 10(e), 10(m), 10(f), 13(12)) and consequent penalty/forfeiture could stand where they rested on recorded statements. Reasoning: recorded statements under section 108 were neither admitted as evidence nor were declarants summoned/examined, and therefore are irrelevant under section 138D and inadmissible under section 138B; the statements were also not relied upon in the show-cause notice. Outcome: findings of regulatory violation and attendant penalty/forfeiture are unsustainable and the impugned order is set aside. - CESTAT
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