Home Case Index All Cases Customs Customs + HC Customs - 2007 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (11) TMI 431 - KERALA HIGH COURTPenalty - imposition of penalty on the Managing Director of the company invoking Section 112 of the Act has been done without stating any reasons whatsoever - Held that:- without entering a finding that the writ petitioner, as the Managing Director, is guilty of omissions or commissions and had “sought to evade” duty. Neither the Commissioner nor the Appellate Tribunal had found against the version of the petitioner regarding the failure of business and that the international contracts with the Italian collaborators failed, leading the company to fall into liquidation. These factors clearly established that there was no ground to conclude that the situation in hand calls for an order against the Managing Director under Section 112 of the Act, imposes penalty on the writ petitioner as the Managing Director of the company
|