https://www.taxtmi.com/caselaws?id=754728 CESTAT Kolkata allowed appeals against penalties imposed under sections 112(a) and 112(b) of Customs Act, 1962 for alleged gold smuggling. The tribunal held that statements recorded during investigation could not be relied upon as section 138B compliance was absent and cross-examination of witnesses was denied. Without corroborating evidence and failure to establish active involvement in smuggling, penalties were unsustainable. Since neither appellant claimed gold ownership, section 123 burden of proof provisions were inapplicable. The tribunal set aside all penalties imposed on both appellants. en-us Thu, 27 Jun 2024 00:00:00 +0530 Fri, 28 Jun 2024 11:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754728 CESTAT Kolkata allowed appeals against penalties imposed under sections 112(a) and 112(b) of Customs Act, 1962 for alleged gold smuggling. The tribunal held that statements recorded during investigation could not be relied upon as section 138B compliance was absent and cross-examination of witnesses was denied. Without corroborating evidence and failure to establish active involvement in smuggling, penalties were unsustainable. Since neither appellant claimed gold ownership, section 123 burden of proof provisions were inapplicable. The tribunal set aside all penalties imposed on both appellants. Case-Laws Customs Thu, 27 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754728