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Even if the action of backdating of the agreement is improper (and perhaps illegal), there is nothing in the evidence to indicate that these three persons were aware that the backdated document was a cover up for an offence under the Customs Act, 1962. In the absence of conscious knowledge, penalty on charge of aiding and abetting would not sustain".

21.4 Further, I rely upon the decision in the case of N.T. Rama Rao & Co. Vs. Commissioner of Customs, Chennai-Vill reported in 2020 (371) E.L.T. 789 (Tri - Chennai), wherein the Hon'ble Tribunal held that: