Penalty u/s. 112 of Customs Act quashed as appellant’s role in over-invoicing not proved with corroborative evidence

Dulraj Uttamchand Jain Vs Commissioner of Customs (Airport) (CESTAT Kolkata) CESTAT Kolkata held that penalty cannot be imposed merely on the basis of assumption and presumptions. Accordingly, imposition of penalty u/s. 112(a) of the Customs Act set aside in absence of corroborative evidence proving appellant’s role in mis-declaration/ over-invoicing. Facts- The appellant worked as an Accountant with one Diamond Trading Company M/s. Yash Corporation, Opera House, Mumbai. The appellant worked there for about 4 years up to 2007. During this period, he learnt about the traits of diamond trading...