COMMNR. OF CUSTOMS, MEERUT vs ASHWANI KUMAR JAIN

The Supreme Court set aside the judgment of the Customs, Excise & Service Tax Appellate Tribunal regarding the penalty imposed on Ashwani Kumar Jain and Balbir Singh Sethi under Section 112(1)(b) and Section 114A of the Customs Act, 1962. The Court found that the Tribunal's conclusion that Sethi was not involved in the conspiracy was untenable given the evidence presented in the Show Cause Notice and the Commissioner's order. The matter was remitted to the Tribunal for a de novo hearing, allowing all questions to be raised by the parties.