Just a moment...

Top
Help
Upgrade to AI Search

We've upgraded AI Search on TaxTMI with two powerful modes:

1. Basic
Quick overview summary answering your query with referencesCategory-wise results to explore all relevant documents on TaxTMI

2. Advanced
• Includes everything in Basic
Detailed report covering:
     -   Overview Summary
     -   Governing Provisions [Acts, Notifications, Circulars]
     -   Relevant Case Laws
     -   Tariff / Classification / HSN
     -   Expert views from TaxTMI
     -   Practical Guidance with immediate steps and dispute strategy

• Also highlights how each document is relevant to your query, helping you quickly understand key insights without reading the full text.Help Us Improve - by giving the rating with each AI Result:

Explore AI Search

Powered by Weblekha - Building Scalable Websites

×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Penalty under Rule 29 quashed due to lack of proof and no intentional duty evasion found in goods removal case

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The CESTAT allowed the appeal, setting aside the impugned order. The Department failed to discharge the onus of proving clandestine removal of goods, relying solely on assumptions, presumptions, and uncorroborated evidence such as loose dispatch slips and statements lacking evidentiary value. Key investigative aspects, including the alleged cash trail, procurement of raw and packing materials, and corroboration of statements under Section 70, were inadequately addressed. The penalty under Rule 29 of the Central Excise Rules, 2017, imposed on the transport company was quashed due to the absence of mens rea and no proof of conscious involvement in duty evasion. The Tribunal held that personal penalty cannot be imposed without specific allegat.........