https://www.taxtmi.com/caselaws?id=762158 CESTAT Kolkata set aside penalties of Rs.20,00,000 each imposed on two appellants under Section 112(a)(b) of Customs Act, 1962 for non-fulfilment of export obligation regarding duty-free clinker import under Advance Authorization. The tribunal found no specific role of appellants in the alleged offence, noting penalties were imposed solely based on their 51% shareholding and directorship in the importing company. Since separate proceedings were already initiated against the importing company through bond enforcement, imposing additional penalties on appellants was unsustainable. The tribunal also noted the impugned order failed to specify which sub-section of Section 112 applied and that imposing penalty under both sub-sections simultaneously was legally untenable. en-us Thu, 21 Nov 2024 00:00:00 +0530 Tue, 26 Nov 2024 08:52:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=762158 CESTAT Kolkata set aside penalties of Rs.20,00,000 each imposed on two appellants under Section 112(a)(b) of Customs Act, 1962 for non-fulfilment of export obligation regarding duty-free clinker import under Advance Authorization. The tribunal found no specific role of appellants in the alleged offence, noting penalties were imposed solely based on their 51% shareholding and directorship in the importing company. Since separate proceedings were already initiated against the importing company through bond enforcement, imposing additional penalties on appellants was unsustainable. The tribunal also noted the impugned order failed to specify which sub-section of Section 112 applied and that imposing penalty under both sub-sections simultaneously was legally untenable. Case-Laws Customs Thu, 21 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=762158