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(iii) quashed where CHA not shown culpable; exporter's signature sufficed and prosecution failed to prove fraud

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 and set aside the penalty imposed under s.114(iii) of the Customs Act against the CHA. The Tribunal held that the adjudicatory record did not establish culpable conduct by the Appellant: exports were examined and passed by Customs officers, the Appellant obtained the exporter's signature on the shipping bills which constituted sufficient authorization in the absence of any prescribed proforma, and the prosecution failed to prove non-verification or fraudulent overvaluation attributable to the CHA. In consequence, statutory penalty under s.114 was unwarranted and the impugned order imposing penalty is quashed, with the appeal accordingly allowed.....