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2010 (8) TMI 422 - AT - CustomsInvestigation - Scrutiny - Confiscation - Evasion of duty - Penalty - Restricted items for import under the Import Policy - Demand of differential duty - according to the Revenue, the complete article (radio cassette recorder or rechargeable light) was imported in CKD/SKD condition fraudulently with intent to get over licensing provisions of the relevant Import Policy as also to evade payment of duty - Held that: - the respondents committed breach of para 15.2A of the Exim Policy 1997-2002 by importing consumer goods, viz., radio cassette recorders and rechargeable lights without import licence - the extended period of limitation is invocable in this case - it is also not open to the respondents to argue that no penalty is liable to be imposed on them under Section 114A of the Customs Act, as the legal requirements for a penalty under this provision are the same as the legal requirements to be established for invoking the extended period of limitation under Section 28(1) of the Act - The appeals are disposed of by way of remand for the limited purpose of quantifying the correct amount of duty to be paid by the respondents and determining the penalty to be imposed on them under Section 114A of the Act
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