Non-fulfilment of export obligation under Advance Authorization ...

Directors penalized for company's failure to meet export commitment, despite no role proven.

Case Laws Customs

November 26, 2024

Non-fulfilment of export obligation under Advance Authorization by importer company. Penalty imposed on directors solely based on their shareholding and directorship, without establishing their role in the alleged offence. Separate proceedings already initiated against the company for duty-free import and non-fulfilment. Penalty u/s 112(a) and (b) of Customs Act imposed together, legally unsustainable. Ingredients for imposing penalty u/s 112 not existing. Penalties on directors set aside by Appellate Tribunal as unsustainable.

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Non-fulfilment of export obligation under Advance Authorization ...

Directors penalized for company's failure to meet export commitment, despite no role proven.

Case Laws Customs

November 26, 2024

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