Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
CESTAT upheld penalty liability where the appellant admitted procuring third-party shipping bills for consideration and using them to falsely show fulfilment of EPCG export obligations. The Tribunal treated the cancelled licences and EODCs as confirming the fraudulent arrangement, and held that these acts rendered the goods liable to confiscation under section 111, attracting penalty under section 112(a). It also held that knowing use of false shipping bills and related documents in customs proceedings squarely attracted section 114AA. On proportionality, however, it considered the surrounding circumstances and reduced each penalty to Rs. 50,000, finding that amount sufficient to meet the ends of justice.
CESTAT upheld penalty liability where the appellant admitted procuring third-party shipping bills for consideration and using them to falsely show fulfilment of EPCG export obligations. The Tribunal treated the cancelled licences and EODCs as confirming the fraudulent arrangement, and held that these acts rendered the goods liable to confiscation under section 111, attracting penalty under section 112(a). It also held that knowing use of false shipping bills and related documents in customs proceedings squarely attracted section 114AA. On proportionality, however, it considered the surrounding circumstances and reduced each penalty to Rs. 50,000, finding that amount sufficient to meet the ends of justice.
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