<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2021 (10) TMI 855 - CESTAT CHENNAI</title>
    <link>https://www.taxtmi.com/caselaws?id=413803</link>
    <description>Penalty under section 114 of the Customs Act, 1962 was sustained where the surrounding facts showed intentional aid in the attempted export of prohibited red sanders. The Tribunal held that abetment is established by intentional assistance or culpable illegal omission, and that mere innocent involvement is insufficient. On the facts, admitted signatures on blank transport documents, use of the transport letter for harbour entry, and the trailer&#039;s connection with movement of the container carrying concealed contraband were enough, on a preponderance of probabilities, to prove abetment. The defence that the vehicle had been sold and the documents later misused was rejected as an afterthought.</description>
    <language>en-us</language>
    <pubDate>Wed, 13 Oct 2021 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 21 Oct 2021 08:17:17 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=659055" rel="self" type="application/rss+xml"/>
    <item>
      <title>2021 (10) TMI 855 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=413803</link>
      <description>Penalty under section 114 of the Customs Act, 1962 was sustained where the surrounding facts showed intentional aid in the attempted export of prohibited red sanders. The Tribunal held that abetment is established by intentional assistance or culpable illegal omission, and that mere innocent involvement is insufficient. On the facts, admitted signatures on blank transport documents, use of the transport letter for harbour entry, and the trailer&#039;s connection with movement of the container carrying concealed contraband were enough, on a preponderance of probabilities, to prove abetment. The defence that the vehicle had been sold and the documents later misused was rejected as an afterthought.</description>
      <category>Case-Laws</category>
      <law>Customs</law>
      <pubDate>Wed, 13 Oct 2021 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=413803</guid>
    </item>
  </channel>
</rss>