Just a moment...

Top
Help
×

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

Appeal allowed: Enhanced penalty under s.112(a) Customs Act vacated where employer previously exonerated; employee benefit applied

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT allowed the appeal, holding that the impugned order enhancing penalty under s.112(a) of the Customs Act against the employee cannot be sustained where the employer (CHA firm) was previously exonerated of penalty on the same facts; the Tribunal found no justification for increasing the penalty from Rs.5,00,000 to Rs.20,00,000, accorded the appellant the benefit of the principle that an employee is not liable where the employer is not found guilty, and directed that the enhancement be set aside. The matter is remitted to the Commissioner to record cogent reasons if further action is contemplated; the appeal is allowed and the contested enhanced penalty vacated.....