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Customs - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Advance Authorisation Scheme - Non-fulfilment of Export ...


Appellant cleared of fraud and export obligation breach; penalties deemed unjustified due to lack of evidence.

March 14, 2024

Case Laws     Customs     AT

Advance Authorisation Scheme - Non-fulfilment of Export Obligation - fraudulent activities - allegation of collusion with the Customs officials - The CESTAT examined the allegations against the appellant and the findings of the adjudicating authority. It noted that while the adjudicating authority implicated the appellant in fraudulent activities, there was a lack of concrete evidence supporting these allegations. Furthermore, the court observed that the involvement of customs officers, mentioned in the proceedings, was not substantiated with adequate details or evidence. Consequently, the court found that the penalties imposed on the appellant lacked a legal basis.

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