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    <title>1998 (2) TMI 361 - CEGAT, CALCUTTA</title>
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    <description>A reference application under section 130 of the Customs Act, 1962 cannot be used as a device for review of the Tribunal&#039;s order. The challenge was directed only at the Tribunal&#039;s appreciation of evidence on penalty under section 112(b), including its view that the relied-upon statements were hearsay and came from a co-accused. That assessment was treated as a factual conclusion, and the sufficiency of evidence was held not to raise a referable question of law. The proposed question was therefore not maintainable for reference, and the application was rejected.</description>
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      <title>1998 (2) TMI 361 - CEGAT, CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=91601</link>
      <description>A reference application under section 130 of the Customs Act, 1962 cannot be used as a device for review of the Tribunal&#039;s order. The challenge was directed only at the Tribunal&#039;s appreciation of evidence on penalty under section 112(b), including its view that the relied-upon statements were hearsay and came from a co-accused. That assessment was treated as a factual conclusion, and the sufficiency of evidence was held not to raise a referable question of law. The proposed question was therefore not maintainable for reference, and the application was rejected.</description>
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      <pubDate>Mon, 09 Feb 1998 00:00:00 +0530</pubDate>
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