https://www.taxtmi.com/caselaws?id=440901 Penalties against a broker for alleged involvement in forged or fraudulently obtained advance licences were found unsustainable because the Revenue failed to prove the required knowledge or direct participation. The record showed suspicion, but no clinching evidence that the broker knew the licences were fake, forged or fictitious, and no direct nexus was established between him and the alleged misuse of licences or fictitious exports by the 100% EOU. Applying strict construction of confiscatory penalty provisions, the tribunal held that neither Rule 209A nor Section 112(b) was satisfied, and the penalties were deleted. en-us Fri, 28 Jul 2023 00:00:00 +0530 Sat, 29 Jul 2023 10:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440901 Penalties against a broker for alleged involvement in forged or fraudulently obtained advance licences were found unsustainable because the Revenue failed to prove the required knowledge or direct participation. The record showed suspicion, but no clinching evidence that the broker knew the licences were fake, forged or fictitious, and no direct nexus was established between him and the alleged misuse of licences or fictitious exports by the 100% EOU. Applying strict construction of confiscatory penalty provisions, the tribunal held that neither Rule 209A nor Section 112(b) was satisfied, and the penalties were deleted. Case-Laws Customs Fri, 28 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440901