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    <title>2025 (10) TMI 978 - CESTAT KOLKATA</title>
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    <description>CESTAT Kol. allowed the appeal and set aside the penalty under s.112 Customs Act. The appellant, found to have acted only as a broker for a commission, was not shown by any corroborative evidence to have participated in alleged over-invoicing and circular trading; inculpatory statements were retracted and were not tested by examination/cross-examination as required by s.138B read with s.108, making reliance on them impermissible. Further, no prohibition, duty liability, or duty evasion under s.112 was established, so the penalty was unsustainable.</description>
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    <pubDate>Wed, 17 Sep 2025 00:00:00 +0530</pubDate>
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      <title>2025 (10) TMI 978 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=780182</link>
      <description>CESTAT Kol. allowed the appeal and set aside the penalty under s.112 Customs Act. The appellant, found to have acted only as a broker for a commission, was not shown by any corroborative evidence to have participated in alleged over-invoicing and circular trading; inculpatory statements were retracted and were not tested by examination/cross-examination as required by s.138B read with s.108, making reliance on them impermissible. Further, no prohibition, duty liability, or duty evasion under s.112 was established, so the penalty was unsustainable.</description>
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      <pubDate>Wed, 17 Sep 2025 00:00:00 +0530</pubDate>
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