Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
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Mismatch in the declared and physically verified weight of imported goods sustained liability for differential duty and misdeclaration consequences, but the redemption fine and penalty were found excessive on the facts. The invoice and packing list matched the declared Bill of Entry, the excess quantity emerged only on post-arrival physical verification, and no specific role in the discrepancy was attributed to the importer. The Tribunal therefore accepted that statutory liability could arise despite the importer's bona fides, yet reduced the redemption fine and penalty in view of the absence of established culpable conduct. The appeal was partly allowed.
Mismatch in the declared and physically verified weight of imported goods sustained liability for differential duty and misdeclaration consequences, but the redemption fine and penalty were found excessive on the facts. The invoice and packing list matched the declared Bill of Entry, the excess quantity emerged only on post-arrival physical verification, and no specific role in the discrepancy was attributed to the importer. The Tribunal therefore accepted that statutory liability could arise despite the importer's bona fides, yet reduced the redemption fine and penalty in view of the absence of established culpable conduct. The appeal was partly allowed.
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