Home Case Index All Cases Customs Customs + AT Customs - 2015 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (6) TMI 42 - CESTAT NEW DELHIPenalty u/s 112 - import made in the name of other firm - Held that:- Imports have been made in the name of IEC holder. Bills of entries have also been filed in the name of IEC holder. Further, the appellants has produced the IEC holder before the Revenue authorities and there is no bar for imports under the Customs Act to import the goods in the name of IEC holder and there is no offence under the Customs Act for lending of IEC code. In these circumstances, relying on the decision of Atul D Sonpal (2011 (4) TMI 1141 - CESTAT, MUMBAI), I hold that the appellant has not violated the provisions of Customs Act and there is no allegation of any misdeclaration, mis-representation or under-valuation of the goods - Merely IEC holder lending the IEC to a third party is not an offence under the Customs Act and penalty for violation of Section 7 of Foreign Trade Development and Regulation Act 1992 cannot be imposed under Customs Act. - Decided in favour of assessee.
|