BORN IN INDIA I SERVED FROM INDIA I TO THE GLOBE

Dated: 28.11.2022

CESTAT-Penalty u/s 114A of Customs Act not permissible in the Absence of Evidence

The Delhi Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has held that penalty u/s 114A of the Customs Act,1962 is not permissible in the absence of evidence which proves the use of forged scrips to clear goods.

In the case of Commissioner of Customs And Central Excise (Delhi-IV) And M/s Friends Trading Co. Vs. Union of India And Ors, the Supreme Court held that whether the buyers had knowledge of fraud or forged/fake DEPB licences/scrips and whether the buyers were to take precautions to find out the genuineness of the scrips which they had purchased would have a bearing the imposition of penalty, though it has nothing to do with the duty liability. 

Source: CESTAT, New Delhi

#KPMG, #KPMGTax, #CESTAT, #LegalUpdates, #LegalNews, #Customs, #IndirectTax, #IndirectTaxIndia, #IndirectTaxLitigations, #Deloitte, #GRANTTHORNTON, #PWC, #DeptofRevenue, #Ernsandyoung, #CBIC

Download Order Copy Here:

Customs Appeal No 52173-2019

Some of Our Major/Reputed Clients:

1. Winomechanic Pvt Ltd, Chennai
2. LSML Pvt Ltd, Chennai
3. Sun Pharmaceutical Limited, Mumbai
4. Liberty Shoes Limited, Karnal
5. Guangzhou Xiongli Battery Co, Ltd, China
6. Shanutec Shanghai Electronic Technology Co, Ltd, China
7. Audiophile India Pvt Ltd, Delhi
8. Viralcurry Digital Pvt Ltd, Delhi
9. The Plume Cosmetics, Delhi
10. Emami Limited, Kolkata
11. Leitner Group Europe

In case you still face any issues related to EXIM Policies, Customs procedures, Indirect Tax related compliance procedures and Indirect Tax and Litigation matters then please feel free to get in touch with us at the below given email IDs.

Come and explore the new way of doing business with us!

Connect with us

@ Team S.J. EXIM SERVICES, New Delhi

CP: Mr. Ravi Jha/+91-9999005379

Web: www.sjexim.services  I www.sjeximtech.com  (reinvented version coming soon)

EMAIL: intelconsul@gmail.com I operations@sjexim.services I ravi.jha@sjexim.services

Facebook: www.facebook.com/sjeximservices

“Indirect Tax & Litigations Advisory”

NOTE: All Inquiries are solicited via email only.

Disclaimer: Please refer to the original source before effecting any decision