Customs penalty for unsubstantiated dealings in confiscated cigarettes was sustained, while an excessive penalty quantum was reduced.
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....Penalty under section 112(b)(i) of the Customs Act may be sustained where a person dealing with confiscated foreign-brand cigarettes fails to substantiate, through documents, the claimed receipt and return of the goods. The text states that the penalty was upheld on that basis. It further notes that penalty quantum must remain proportionate to the value of confiscated cigarettes; a penalty considered highly excessive was reduced for the person from whose premises the cigarettes were recovered.....
TaxTMI