https://www.taxtmi.com/caselaws?id=750616 CESTAT Bangalore allowed the appeal and set aside the impugned order regarding adjustment of penalties from refund amount in a foreign currency smuggling case. The tribunal held that personal penalties imposed on co-noticees cannot be recovered from the appellant's refund under Section 142 of the Customs Act 1962, as such penalties are penalty in personam against individuals and cannot be adjusted against refunds sanctioned to another party. The Revenue's attempt to recover co-noticees' personal penalties by treating the appellant as a defaulter was deemed beyond the scope of Section 142. en-us Fri, 22 Mar 2024 00:00:00 +0530 Sun, 24 Mar 2024 13:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=750616 CESTAT Bangalore allowed the appeal and set aside the impugned order regarding adjustment of penalties from refund amount in a foreign currency smuggling case. The tribunal held that personal penalties imposed on co-noticees cannot be recovered from the appellant's refund under Section 142 of the Customs Act 1962, as such penalties are penalty in personam against individuals and cannot be adjusted against refunds sanctioned to another party. The Revenue's attempt to recover co-noticees' personal penalties by treating the appellant as a defaulter was deemed beyond the scope of Section 142. Case-Laws Customs Fri, 22 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=750616