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    <title>2023 (1) TMI 1148 - CESTAT NEW DELHI</title>
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    <description>Imposition of penalties arises from attempted removal of imported cargo using forged gate passes and fabricated air waybills; the kingpin who orchestrated the forgery and used another party&#039;s IEC is held primarily liable and substantial penalties under the customs provisions are confirmed. A subordinate employee who knowingly used forged documents is found liable but penalties are reduced on proportionality grounds given his means. A CHA employee engaged in clearance is found to have connived and a monetary penalty under falsification is confirmed while the enhanced penalty under the anti-smuggling provision is set aside. Two service providersone CHA and one cargo terminal operatorare exonerated or have penalties reduced where no connivance is found but weak internal controls attract reduced regulatory penalty.</description>
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    <pubDate>Wed, 25 Jan 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=433401</link>
      <description>Imposition of penalties arises from attempted removal of imported cargo using forged gate passes and fabricated air waybills; the kingpin who orchestrated the forgery and used another party&#039;s IEC is held primarily liable and substantial penalties under the customs provisions are confirmed. A subordinate employee who knowingly used forged documents is found liable but penalties are reduced on proportionality grounds given his means. A CHA employee engaged in clearance is found to have connived and a monetary penalty under falsification is confirmed while the enhanced penalty under the anti-smuggling provision is set aside. Two service providersone CHA and one cargo terminal operatorare exonerated or have penalties reduced where no connivance is found but weak internal controls attract reduced regulatory penalty.</description>
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      <pubDate>Wed, 25 Jan 2023 00:00:00 +0530</pubDate>
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