Fraudulently obtained SEIS scrips cannot support customs exemption; recovery, confiscation and penalties were sustained, but employee penalty fell awa...
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Tribunal held that the Revenue failed to discharge the burden to show seized currency and goods were proceeds of clandestine removals; appellants produced documentary evidence and affidavits which were not specifically rebutted, so confiscations were set aside. The Tribunal rejected reliance on a theoretical input output formula and selective statements without corroboration, finding the formula inadequate absent independent proof (QTR, buyers, transport, receipt of consideration) and quashed duty demands. Penalties were vacated for lack of proof of willful suppression where records and statutory registers were produced. All impugned seizures, demands and penalties were set aside.
Tribunal held that the Revenue failed to discharge the burden to show seized currency and goods were proceeds of clandestine removals; appellants produced documentary evidence and affidavits which were not specifically rebutted, so confiscations were set aside. The Tribunal rejected reliance on a theoretical input output formula and selective statements without corroboration, finding the formula inadequate absent independent proof (QTR, buyers, transport, receipt of consideration) and quashed duty demands. Penalties were vacated for lack of proof of willful suppression where records and statutory registers were produced. All impugned seizures, demands and penalties were set aside.
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