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2008 (1) TMI 167 - AT - CustomsBuyer of good abetting sale of exempting imported goods – export obligation not fulfilled – sale proceeds transferred by buyer from his account to importer account – held that penalty on buyer can’t be imposed as he has not dealt with goods directly – moreover, he wasn’t aware that goods are liable to confiscation – proceeds from smuggling are liable to confiscation u/s 121 not u/s 111, hence penalty not imposable u/s 112 – penalty u/s 112 is imposable only if goods are confiscated u/s 111
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