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2019 (11) TMI 1038 - AT - CustomsLiability of interest under section 28AB of Customs Act, 1962 - Imposition of penalty u/s 114A of CA - duty liability has been fastened on the transferor of tradeable scrip - HELD THAT:- The liability of transferees, limited to detriment of interest and penalty, when acceptance of application for settlement, under a statutory process that is restricted to only to specified persons, implicitly declares such person to be liable to duty within the meaning of section 28 of Customs Act, 1962 has not been adjudicated upon in the impugned order. In the absence of any finding, we are unable to subject the said order to the test of being legal and proper. In order that the adjudication proceedings be completed, we set aside the impugned order and remand the matter back to the original authority for a fresh decision in accordance with law - appeal allowed by way of remand.
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