Just a moment...

Top
Help
🎉 Festive Offer: Flat 15% off on all plans! →⚡ Don’t Miss Out: Limited-Time Offer →
×

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 s.114AA set aside where s.108 statements invalid without s.138B safeguards and no culpability found

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT dismissed the three Revenue appeals and upheld the Comm'r(A)'s order setting aside imposition of penalty under s.114AA of the Customs Act against the respondent. The Tribunal held statements recorded under s.108 could not be relied upon where mandatory procedural safeguards of s.138B were not complied with, echoing the principle that such statements must be recorded before the adjudicating authority to obviate coercion. The Comm'r(A) had found no evidence linking the respondent to registration errors, no knowledge of the officer's mistake, and that the duty credit scrips were duly issued and reflected on the EDI system; on these findings the penalty order was unsustainable.....