Topic

section 138B procedure

1 articleLatest May 2026
Section 112(b) Customs Act | Penalty Invalid Without Proof of Mens Rea and Physical Possession of Confiscable Goods : CESTAT
Case Law Analysis
|Custom, Excise & Service Tax Tribunal

Section 112(b) Customs Act | Penalty Invalid Without Proof of Mens Rea and Physical Possession of Confiscable Goods : CESTAT

CESTAT quashed a ₹10 lakh penalty under Section 112(b) of the Customs Act, ruling that vague third-party statements and absence of proof of knowledge or physical possession of confiscable goods cannot sustain penalty imposition. The decision reinforces that strict compliance with mens rea and possession requirements is mandatory for penal action under the Customs Act.