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 / TMI Blogs / RSS

Penalty under s.114 Customs Act upheld as civil standard of proof finds appellants aided narcotics manufacture and export

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC affirmed that the levy of penalty under s.114, Customs Act, 1962 was properly sustained by the adjudicating authority and CESTAT. Although the criminal acquittal of the appellants relied on the same evidence, the adjudicative bodies permissibly applied the civil preponderance of probabilities and found appellants abetted the manufacture and export of narcotic drugs by executing deliveries at the instructions of the principal instigator and accompanying co-noticees. The CESTAT did not exceed its jurisdiction in declining to treat the criminal judgment as determinative of the quasi-judicial proceedings. Both contested questions were answered for the Revenue and the departmental appeal was dismissed.....