https://www.taxtmi.com/caselaws?id=782259 CESTAT New Delhi set aside the penalty imposed on the former CFO under section 112(a)(ii) of the Customs Act, 1962. The Tribunal held that this provision presupposes a conscious and deliberate attempt to evade customs duty. In the absence of evidence showing intentional evasion or deliberate suppression of the final invoices for duty determination, the necessary mens rea was not established. Relying on the Kerala HC decision in O.T. Enasu, the Tribunal concluded that the penalty was unsustainable and allowed the appeal, cancelling the penalty. en-us Tue, 13 May 2025 00:00:00 +0530 Thu, 27 Nov 2025 08:36:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=782259 CESTAT New Delhi set aside the penalty imposed on the former CFO under section 112(a)(ii) of the Customs Act, 1962. The Tribunal held that this provision presupposes a conscious and deliberate attempt to evade customs duty. In the absence of evidence showing intentional evasion or deliberate suppression of the final invoices for duty determination, the necessary mens rea was not established. Relying on the Kerala HC decision in O.T. Enasu, the Tribunal concluded that the penalty was unsustainable and allowed the appeal, cancelling the penalty. Case-Laws Customs Tue, 13 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=782259