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Customs - Highlights / Catch Notes

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Appellant's penalties u/ss 112(a), 112(b), and 114AA of the ...


Customs Penalties Overturned Due to Lack of Evidence in Import Misdeclaration Case.

December 28, 2024

Case Laws     Customs     AT

Appellant's penalties u/ss 112(a), 112(b), and 114AA of the Customs Act, 1962 set aside. Reliance solely on co-accused statements without corroborative evidence found inadequate to establish appellant's guilt regarding mis-declaration of goods and manipulation of import documents. No evidence produced by revenue to substantiate appellant's role in arranging finance, purchasing disputed goods from China, or providing manipulated import documents. CESTAT held statements of co-accused without independent corroboration insufficient legal evidence. Lack of evidence regarding appellant's physical acts related to disputed goods or signed declarations rendered penalties unjustified. Appeal allowed.

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