Customs Penalty Overturned: Evidence Reveals No Fraudulent Export Documentation Manipulation Under Section 114(iii)

CESTAT adjudicated a customs penalty case involving alleged fraudulent export documentation. The tribunal examined the applicability of Section 114(iii) of the Customs Act, 1962, concerning potential export scheme manipulation. Upon reviewing the evidence and considering the prior confiscation order's reversal in a separate customs appeal, the tribunal determined that the penalty against the appellant was unsustainable. Consequently, the commissioner's order imposing penalty was set aside, effectively exonerating the appellant from the alleged regulatory violation. The appeal was allowed, nullifying the previously imposed penalty under the specified statutory provision. .....

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