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    <title>Penalty under s.112(b) set aside where conviction relied on retracted, coerced statement without corroboration and no cross-examination</title>
    <link>https://www.taxtmi.com/highlights?id=93882</link>
    <description>The CESTAT quashed the penalty imposed under s.112(b), Customs Act, 1962, finding that the impugned conviction rested solely on a statement retracted as given under duress and lacked independent corroborative evidence. The Tribunal held that principles of natural justice were violated: the Appellant was not afforded the opportunity to cross-examine witnesses or to challenge recoveries, and the cash recovery purportedly linked to the Appellant was found unreliable given the circumstances. In consequence, the CESTAT set aside the adjudicating authority&#039;s order and allowed the appeal, concluding that the penalty could not be sustained on the record before it.</description>
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    <pubDate>Wed, 05 Nov 2025 08:35:14 +0530</pubDate>
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      <title>Penalty under s.112(b) set aside where conviction relied on retracted, coerced statement without corroboration and no cross-examination</title>
      <link>https://www.taxtmi.com/highlights?id=93882</link>
      <description>The CESTAT quashed the penalty imposed under s.112(b), Customs Act, 1962, finding that the impugned conviction rested solely on a statement retracted as given under duress and lacked independent corroborative evidence. The Tribunal held that principles of natural justice were violated: the Appellant was not afforded the opportunity to cross-examine witnesses or to challenge recoveries, and the cash recovery purportedly linked to the Appellant was found unreliable given the circumstances. In consequence, the CESTAT set aside the adjudicating authority&#039;s order and allowed the appeal, concluding that the penalty could not be sustained on the record before it.</description>
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      <pubDate>Wed, 05 Nov 2025 08:35:14 +0530</pubDate>
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