Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
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Penalty under section 112(b) requires proof that a person acquired possession of or dealt with goods liable to confiscation, together with knowledge or belief that the goods were so liable. The Tribunal held that this standard was not met where the appellants consistently maintained they had only supplied fabricated material and scrap to an SEZ unit, had no purchase transactions with it, and were manufacturers rather than traders. It also held that statements recorded under section 108 could not be relied on because the procedure under section 138B had not been followed. The penalties were therefore set aside.
Penalty under section 112(b) requires proof that a person acquired possession of or dealt with goods liable to confiscation, together with knowledge or belief that the goods were so liable. The Tribunal held that this standard was not met where the appellants consistently maintained they had only supplied fabricated material and scrap to an SEZ unit, had no purchase transactions with it, and were manufacturers rather than traders. It also held that statements recorded under section 108 could not be relied on because the procedure under section 138B had not been followed. The penalties were therefore set aside.
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