DRI can issue Section 75 show-cause notices in drawback cases; penalty under Sections 114 and 117 quashed
X X X X Extracts X X X X
X X X X Extracts X X X X
....The CESTAT allowed the appeal in part. It held that DRI officers are competent to issue show-cause notices under Section 75 read with the relevant rules in drawback matters - the appellant's challenge to DRI jurisdiction was rejected. However, the penalty imposed on the appellant CHA/CB under Sections 114 and 117 was set aside: the allegations related to CHALR-regulated dereliction of CHA duties and did not establish abetment, collusion or wrongful involvement warranting statutory penal provisions; disciplinary remedies under CHALR prevail. Consequential orders imposing monetary penalty under Sections 114/117 were quashed and the appeal disposed of.....


TaxTMI