Penalty is to be imposed on the erring Government official for non-compliance with the orders of Tribunal

Last updated: 04 December 2023

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The CESTAT, Allahabad has imposed a penalty of Rs. 2,00,000 on a Commissioner for failing to comply with the Tribunal's order regarding the re-export of gold jewellery. Despite clear directions and the submission of bank guarantees by the appellant, the Commissioner delayed implementation without justification. The Tribunal also referred the matter to the Allahabad High Court for contempt proceedings, emphasising the need for judicial discipline.

Court :
CESTAT, Allahabad

Brief :
The CESTAT, Allahabad in the case of M/s. Mahesh & Co. Pte Ltd. Singapore v. Commissioner of Customs Noida[Customs Miscellaneous Application 2 of 2022 dated November 9, 2023], imposed a penalty of Rs.2,00,000/- for causing delay in implementation of the earlier order of the Tribunal without any justified reason, and said amount needs to be paid by the erring Commissioner. Also, the Tribunal referred the matter to the Hon'ble Allahabad High Court for initiation of Contempt proceedings against the concerned Commissioner.

Citation :
Customs Miscellaneous Application 2 of 2022 dated November 9, 2023

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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