Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
CESTAT set aside penalties on the freight forwarder and its authorised representative after finding that the case rested on presumption rather than evidentiary linkage. It held that, on the reading of Circular No. 41/2017-Cus, mere movement of export goods to the ICD without RFID e-seal, where self-sealing permission was absent, did not by itself establish an offence when de-stuffing and 100% examination had been carried out. The order also failed to show what undue export benefit was sought or how the appellants were connected to the alleged dummy or fake documents. With penalties on the alleged document-generating co-noticees already set aside, no basis survived for penalties under sections 114 and 114AA.
CESTAT set aside penalties on the freight forwarder and its authorised representative after finding that the case rested on presumption rather than evidentiary linkage. It held that, on the reading of Circular No. 41/2017-Cus, mere movement of export goods to the ICD without RFID e-seal, where self-sealing permission was absent, did not by itself establish an offence when de-stuffing and 100% examination had been carried out. The order also failed to show what undue export benefit was sought or how the appellants were connected to the alleged dummy or fake documents. With penalties on the alleged document-generating co-noticees already set aside, no basis survived for penalties under sections 114 and 114AA.
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