Home Case Index All Cases Customs Customs + HC Customs - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 201 - HC - CustomsPenalty u/s 114A of CA - Whether the doctrine of Caveat Emptor would deem a victim of fraud, to be guilty of fraud and liable to penal consequences under Section 114A of the Customs Act, 1962? - Held that:- The Investigating Agency as well as the Adjudicating Authority have recorded a clear factual finding that there is sufficient material to show that fake TRAs were presented and clearance of imports were made without genuine DEPB. However, the Tribunal, after recording such a finding, has set aside the penalty against such importers/appellants. We are not fully convinced by the reasons assigned by the Tribunal for setting aside the penalties presumably because, the Tribunal pointed out certain negligence on the part of the officers - the appeals are allowed in part, insofar as it levies penalty on the appellants and set aside the same - appeal allowed in part.
|