TMI BlogLegal Issues in Customs Duty Evasion: PenaltiesX X X X Extracts X X X X X X X X Extracts X X X X ..... ng confectionery items to importers in India. The central issue revolves around the imposition of penalties under Section 112(a) of the Customs Act, 1962 , for alleged customs duty evasion. The judgment addresses several legal and factual aspects of the case. Allegations of Conspiracy One of the crucial allegations in the case is the existence of a conspiracy to evade customs duty. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignments. These penalties were based on the alleged involvement of the appellant in the customs duty evasion scheme. The court's examination of the legality of these penalties forms a core part of the judgment. Extra-Territorial Jurisdiction One of the contested legal issues was whether the Customs Act had extra-territorial jurisdiction. The appellant argued that as an overseas entity, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such cases. Authority of DRI The appellant raised a jurisdictional challenge regarding the Directorate of Revenue Intelligence (DRI). They questioned whether DRI officers were proper officers to issue show cause notices under the Customs Act. The court determined that this question did not apply in the present case because the show cause notice issued to the appellant was not under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... takes into account when making its rulings. Dismissal of Special Leave Petition The Supreme Court has dismissed the Special Leave Petition filed by the petitioner, indicating that the Supreme Court refused to grant permission for an appeal against the High Court's judgment. This suggests that the High Court's judgment stands. Finality of High Court's Decision Since the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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