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    <title>CESTAT Cancels Customs Penalties in Cigarette Smuggling Case Due to Insufficient Evidence and Denied Cross-examination Rights u/s 138B.</title>
    <link>https://www.taxtmi.com/highlights?id=85202</link>
    <description>CESTAT set aside penalties imposed u/ss 112(a)(i) and 114AA of Customs Act in a case involving smuggled cigarettes concealed as ladies garments. The Tribunal found insufficient evidence linking the appellant to smuggling operations. Bank transactions between appellant&#039;s company and co-accused&#039;s firms were deemed regular business dealings. The primary evidence, a statement by co-accused VA, was ruled inadmissible as appellant was denied cross-examination rights u/s 138B. The Tribunal emphasized that no documentation proved appellant&#039;s prior knowledge of concealment or use of false declarations. Following natural justice principles and citing lack of corroborative evidence, CESTAT concluded penalties were legally unsustainable and allowed the appeal.</description>
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    <pubDate>Mon, 27 Jan 2025 08:40:02 +0530</pubDate>
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      <title>CESTAT Cancels Customs Penalties in Cigarette Smuggling Case Due to Insufficient Evidence and Denied Cross-examination Rights u/s 138B.</title>
      <link>https://www.taxtmi.com/highlights?id=85202</link>
      <description>CESTAT set aside penalties imposed u/ss 112(a)(i) and 114AA of Customs Act in a case involving smuggled cigarettes concealed as ladies garments. The Tribunal found insufficient evidence linking the appellant to smuggling operations. Bank transactions between appellant&#039;s company and co-accused&#039;s firms were deemed regular business dealings. The primary evidence, a statement by co-accused VA, was ruled inadmissible as appellant was denied cross-examination rights u/s 138B. The Tribunal emphasized that no documentation proved appellant&#039;s prior knowledge of concealment or use of false declarations. Following natural justice principles and citing lack of corroborative evidence, CESTAT concluded penalties were legally unsustainable and allowed the appeal.</description>
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      <pubDate>Mon, 27 Jan 2025 08:40:02 +0530</pubDate>
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