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Mr. N. K. Brahmachari, Managing Partner ... vs The Commissioner Of Customs, (Import) on 29 January, 2016

11. In respect of the show cause notice dated 08.07.2011, the imposition of the penalty has been made under Section 112 (a) of the Act in respect of the goods which have been held to be liable to be confiscated under Section 111 of the Act. Here, the imposition of the penalty on the CHA is founded on the ground that he has abetted the offence. Though, for imposition of penalty in respect of the cases falling under Section 112 (a) of the Act, mens rea may not be required to be proved as condition precedent, however, when it CUSAA 195/2019 Page 10 of 11 comes to imposition of the penalty on an abettor, it is necessary to show that the said essential element/ ingredient is present. [Ref: Amritlakshmi Machine Works v. The Commissioner of Customs (Import) 2016 SCC OnLine Bom 66.]
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