Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Vijay Venkatrao Kamat Versus Commissioner of Customs, Kandla

Penalty u/s 112(a) of the Customs Act, 1962 - mens rea - Whether the penalty on the appellant u/s 112(a) of the CA, 1962 is justified when the appellant was an employee working as executive director and he had no reason to believe that goods were liable for confiscation? - Held that: - It appears quite undisputable that the appellant had signed the necessary documents for import of goods, the goods upon import though were required to be utilized for manufacture of export product at the factory o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, does or omits to do any act which act or omission would render such goods liable to confiscation under section 111, or abets the doing or omission of such an act. In such a case, the penalty that could be imposed would be an amount not exceeding the value of goods or ₹ 5000/whichever is greater. Even if therefore, invoking this provision would require mens rea on the part of the noticee, the same was duly established on record. - Penalty upheld - appeal dismissed - decided against ap .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

appellant was an employee working as executive director and he had no reason to believe that goods were liable for confiscation ? (B) Whether the penalty under Section 112(a) of the Customs Act, 1962 was correct without examining mean rea in the facts of the present case? 2. Brief facts are as under. 3. Appellant was the Executive Director and an employee of one M/s. Sheshanka Sea Foods Pvt. Ltd. (hereinafter to be referred to as 'the Company'). The Company imported 666.750 MT of HDPE gr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

reached the factory of the company situated at Karnataka. On such basis, a showcause notice was issued by the competent authority on 31.07.1998 alleging inter alia, that the present appellant and other directors of the company had jointly diverted the goods in the local market which were meant for reexport. The competent authority therefore, primafacie, found the following breaches: Therefore, from the above facts and narration it appears that M/s SSFPL has violated the following conditions of N .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

w cause notice, the company and its directors including the present appellant were called upon to state why: (1) the imported goods i.e. HDPE granules / Moulding powder weighing 666.75 Mts and valued at ₹ 71,86,128/should not be confiscated under section 111(d) & 111(o) of Customs Act, 1962. (2) customs duty amounting to ₹ 89,61,999.00 (BCD ₹ 20,01,750.35; Addl. ₹ 32,33,757.75 and CVD ₹ 37,28,490.90) payable on the goods imported should not be demanded under the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. After completing the proceedings, the adjudicating authority passed its order in original dated 27.08.2007, in which, he held the company liable for the alleged breaches on account of which the goods would be liable for confiscation under section 111(d) and 111(o) of the Customs Act, 1962, imposed penalty of ₹ 50 lakhs on the company under section 111(a) of the Act in addition to confirming the duty demand. He imposed a personal penalty of ₹ 10 lakhs against the assessee under sect .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

th the alleged breaches. He was an employee and was acting entirely under the instructions of Shri R.N.Shetty, the Chairman of the Company. There is nothing to suggest that the appellant had either diverted the goods to the local market or even had knowledge thereof. In any case, the department had to establish mens rea before invoking section 112(a) of the Act. The same has not having been done in the present case, imposition of penalty was not permissible. 9. We have perused the documents on r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f the day to day affairs of the company which was being carried out with the knowledge of Shri R.N.Shetty. The adjudicating authority had also referred to the statement of the appellant himself recorded on 03.07.1997 in which, he had admitted that the application for advance licenses for import of the goods was submitted to the licensing authority under his signature and that he looked after the day to day affairs of the company and he reported directly to Shri R.N.Shetty, the Chairman. In fact, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

Highlight: The interest u/s 234B of the Act cannot go beyond the stage of S.245D(I) before the Settlement Commission - HC

Highlight: Galvanized iron pipe is a different commercial commodity than a iron pipe, therefore the activity of galvanization in our considered opinion amounts to manufacture - Deduction u/s 80-IB allowed - HC

Highlight: Penalty u/s 271C - non deduction of TDS on interest paid to sister concerns in terms of Section 194A - Levy of penalty confirmed - HC

Highlight: Disallowance of interest - reference to section 179 - The legislature has also recognised, that the doctrine of lifting of veil in the matter of tax dues is to be applied to prevent fraud etc. and not where the company has suffered despite its normal bona fide function. - HC

News: RBI Reference Rate for US $

Notification: Amendment in Notification No. S.O. 3118(E), dated the 3rd October, 2016

Highlight: Discount on ESOP to be allowed as business expenditure u/s 37(1), during the years of vesting on the basis of percentage of vesting during such period, subject to upward or downward adjustment at the time of exercise of option.

Notification: Central Government appoints the 20th September, 2017 as the date on which proviso to clause (87) of section 2 of the Companies Act 2013, shall come into force

Notification: Companies (Restriction on number of layers) Rules, 2017

Highlight: Penalty u/s 271(1)(c) - additional income disclosure - surrender of income post survey u/s 133A - he disclosure made by the assessee is voluntary in nature, in the revised return - no penalty

Highlight: Reopening of assessment - notice u/s 148 issued on the directions of JCIT / CIT - a perusal of reasons for initiating reassessment proceedings clearly show that they are against the sprit of provisions u/s 147

Notification: All Industry Rates of Duty Drawback Schedule

Highlight: MAT - Adjustment to book profit - computation u/clause (f) of Explanation-1 to section 115JB(2) is to be made without resorting to the computation as contemplated u/s 14A r.w.Rule 8D of I.T. Rules.

Notification: The Customs and Central Excise Duties Drawback Rules, 2017

Highlight: Addition on account of alleged suppression of service value received - the addition made simply believing the Form 26AS will be an arbitrary exercise of power which cannot be sustained

Notification: Exempts intra state supply of heavy water and nuclear fuels from DAE to NPCIL

Notification: Seeks to amend notification No. 12/2017-UTT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 11/2017- UTT(R) to reduce CGST rate on specified supplies of Works Contract Services

Highlight: Liability to pay duty on import of software - Though no authorization was given by the appellant to DHL, it is an undisputed position that the software has, in fact, been ordered by the appellant and have been delivered to them by DHL - the appellant is to be considered as the importer

Notification: Exempts inter-state supply of heavy water and nuclear fuels from DAE to NPCIL

Notification: Seeks to amend notification No. 09/2017-IT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 08/2017-IT(R) to reduce CGST rate on specified supplies of Works Contract Services

Notification: Exempts intra state supply of heavy water and nuclear fuels from DAE to NPCIL

Notification: Seeks to amend notification No. 12/2017-CT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 11/2017-CT(R) to reduce CGST rate on specified supplies of Works Contract Services.

News: Tax on fuel more important for a dry state like Gujarat

Highlight: For an ayurvedic medicine to be classified under Chapter 30 has to pass the test whether it is for cure of any disease. If the same is only meant for care, then such product would not fall under medicament.

Highlight: Demand of interest - the period of limitation that applies to a claim for the principal amount should also apply to the claim of interest thereon.

Highlight: Government issues new notifications under CGST, IGST and UTGST to grant fresh exemptions in respect of certain supplies.

Circular: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Central Goods and Services Tax Rules, 2017

Forum: 3B mistake

Forum: Excise duty credit on finished stock at additional place of business.

Forum: Input tax credit

Forum: Cess paid instead of SGST

Forum: Manpower Service provider

Forum: Construction of single unit bungalow

Forum: Duty Drawback & Input Credit - under GST

Article: SIMPLIFIED E-WAY BILL UNDER GST

Article: SERVICES UNDER REVERSE CHARGE UNDER GST REGIME

Highlight: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017 - Notification

Highlight: Companies (Acceptance of Deposits) Second Amendment Rules, 2017 - Notification

Highlight: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. reg. - Circular

Highlight: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 - Public Notice

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Circular: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20

Notification: Companies (Acceptance of Deposits) Second Amendment Rules, 2017

Notification: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017

News: Exchange Rate of Foreign Currency Relating To Imported and Export Goods Notified

Circular: Promote the officers of the Indian Revenue Service (Customs and Central Excise) to the grade of Principal commissioner of customs, GST & CX

Circular: Allocate the charges amongst the Members of the Central Board of Excise and Customs



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version