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    <title>2022 (10) TMI 211 - CESTAT AHMEDABAD</title>
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    <description>Penalty under Section 112(b)(i) of the Customs Act was found unsustainable where the alleged involvement rested mainly on third-party worksheets, emails and statements. The adjudication was vitiated because relied upon documents were not supplied despite requests, and no cross-examination or independent corroboration was provided, contrary to natural justice. The record also showed no search of the appellant&#039;s premises, no statement by the appellant, and no independent evidence that he dealt with, possessed, or knowingly handled the smuggled gold. On that basis, uncorroborated co-noticee statements and third-party material were insufficient to fasten penal liability, and the penalty was set aside with consequential relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=428653</link>
      <description>Penalty under Section 112(b)(i) of the Customs Act was found unsustainable where the alleged involvement rested mainly on third-party worksheets, emails and statements. The adjudication was vitiated because relied upon documents were not supplied despite requests, and no cross-examination or independent corroboration was provided, contrary to natural justice. The record also showed no search of the appellant&#039;s premises, no statement by the appellant, and no independent evidence that he dealt with, possessed, or knowingly handled the smuggled gold. On that basis, uncorroborated co-noticee statements and third-party material were insufficient to fasten penal liability, and the penalty was set aside with consequential relief.</description>
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