https://www.taxtmi.com/caselaws?id=370509 Penalty under Section 114(i) and Section 114(iii) of the Customs Act was held unsustainable where the Department relied only on call records, social familiarity, travel or hospitality links, and other surrounding circumstances to allege connivance in fraudulent exports. The Tribunal found no independent corroborative evidence of conspiracy or active participation in overvaluation or export fraud, noted that no call transcripts or details of any incriminating discussion were produced, and observed that mere suspicion could not establish knowledge of a benami operator or receipt of illegal gratification. The fact that exports were provisionally assessed, samples drawn, and drawback released after laboratory verification and realization of export proceeds further weakened the allegation of intentional wrongdoing. en-us Mon, 12 Nov 2018 00:00:00 +0530 Mon, 19 Nov 2018 08:39:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=370509 Penalty under Section 114(i) and Section 114(iii) of the Customs Act was held unsustainable where the Department relied only on call records, social familiarity, travel or hospitality links, and other surrounding circumstances to allege connivance in fraudulent exports. The Tribunal found no independent corroborative evidence of conspiracy or active participation in overvaluation or export fraud, noted that no call transcripts or details of any incriminating discussion were produced, and observed that mere suspicion could not establish knowledge of a benami operator or receipt of illegal gratification. The fact that exports were provisionally assessed, samples drawn, and drawback released after laboratory verification and realization of export proceeds further weakened the allegation of intentional wrongdoing. Case-Laws Customs Mon, 12 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=370509