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2014 (3) TMI 641 - HC - CustomsNature of assessment – duty demand – penalty u/s 114A - Misdeclaration of goods - Confiscation of goods – Redemption fine - Tribunal deleted penalty - Held that:- no exception can be taken to the finding that since there was no demand under section 28(8) of the Customs Act for duty, no penalty could have been imposed under that provision and consequently the penalty under section 114A was not sustainable. The further reasoning that there could have been penalty under section 112 but since that provision was not invoked, the direction to pay penalty at ₹ 2.34 crores was not warranted in the circumstances, does not appear to be in error of law - Decided against Revenue.
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