Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Penalty imposed for import of chemicals using fake duty ...


Fake duty exemption licenses used for chemical import, penalty reduced on lack of fraud evidence.

September 13, 2024

Case Laws     Customs     HC

Penalty imposed for import of chemicals using fake duty exemption licenses. Appellant claimed exemption under DEPB but used fake licenses and TRAs. Statement of witness Chandran retracted, no nexus established between brokers and imported goods. No finding of fraudulent conduct by Appellant. Tribunal considered relevant facts, reduced penalty from Rs. 5 lakhs to Rs. 3 lakhs based on evidence. HC upheld Tribunal's factual findings and conclusions, dismissed appeal.

View Source

 


 

You may also like:

  1. Duty demand u/s 28(1) of Customs Act, 1962, upon importer and transferee of license issued by DGFT - Liability of transferee for fraudulently obtained license - Levy of...

  2. Reversal of Input tax Credit - on purchase of R.E.P. license - the assessee-dealer had purchased import license from another person after paying the taxes as was...

  3. Customs broker licence revocation - importer engaged appellant to file import bill of entry but appellant used another broker's credentials instead of its own - imported...

  4. Confiscation of goods - Goods imported under advance license - Act of fraud established - AT

  5. Denial of benefit of Value Based Advance Licenses (VABAL) to the appellants-transferees and the recovery of customs duty, along with the imposition of penalties. The key...

  6. CESTAT Mumbai held that confiscation of imported goods and imposition of penalty u/s 112(a) of Customs Act for forged Special Import Licenses lacked clear evidence...

  7. Clandestine removal of goods denied CENVAT credit. Liability for duty, interest, and penalty from FY 2007-08 to 2011-12 assessed. Differential duty demand of Rs....

  8. DFIA scheme - exemption from basic customs duty and additional customs duty - introduction of new condition by way of amendment - The tribunal held that, the amendment...

  9. Smuggling - illegal importation of the seized gold - Confiscation of the gold and Indian currency - The Tribunal found no evidence linking the seized Indian currency to...

  10. Mis-use of duty free licences - benefit of the exemption under the license is not available on the strength of a fraudulent licence - The appellant in this case has not...

  11. Availment of exemption under Advance License Scheme - Classification of imported goods - goods imported by the appellant qualifies as crude iodine, hence eligible for...

  12. Suspension of import / advance license - absence of valid licence in the names of importer and yet attempts being made to evade customs duty are rightly termed as fraud - HC

  13. Denial of exemption benefits under Notifications 30/2004-CE and 23/2003-CE for clearances of finished goods into the Domestic Tariff Area (DTA) by a 100% Export Oriented...

  14. CESTAT dismissed Revenue's appeals concerning valuation of imported used clothing under Tariff Item 63090000. Following precedent cases including Venus Traders and...

  15. Duty demand - Import has obtained the DFIA license by fraud - Transfer of licenses DFIA - Duty demands and interest have been correctly confirmed against all the...

 

Quick Updates:Latest Updates