CESTAT Larger Bench (LB)
shall decide whether co-noticee in show cause notice is entitled to immunity
from penalty when noticee’s case is settled by Settlement Commission; Notes
that penalty was imposed on assessee (co-noticee) u/s 112(b) and 114AA of Customs
Act in connection with misdeclaration of imported car against which, assessee
contended that it should be absolved from punishment of penalty as case of the
main noticee had been settled; Further takes note of assessee’s submission that
2:1 favourable verdict in case of S.K. Colombowala should be considered as LB
judgment in view of Delhi HC ruling in P.C. Puri and CESTAT decision in Larsen
& Toubro Ltd., and same shall prevail over contrary division bench ruling
in K. I. International Ltd.; CESTAT states that majority decision cannot be
considered as LB judgment in view of SC ruling in Pankajakshi vs. Chandrika
case wherein it was held that reference to Third Member in case of conflicting
views between division bench members cannot be considered as LB judgment;
Accordingly, in view of conflicting division bench decisions, CESTAT refers
matter to President for constitution of LB : Mumbai CESTAT
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