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2017 (9) TMI 1662 - AT - CustomsLevy of Customs duty on impermissible wastage limit - Held that:- Law requires that customs duty forgone in respect of impermissible wastage shall be realizable. Accordingly learned authority is correct to realize such duty on the impermissible quantum of wastage occurred. Penalty u/s 112(b) of Customs Act, 1962 - Held that:- The authority has not found presence of any of the ingredients of penal provision for such levy. Therefore there shall be no penalty under Section 112(b) of Customs Act, 1962. Penalty u/s 117 of CA - Held that:- There appears no prohibition of law to import the goods at the time of import. But there was wastage of imported goods beyond the SION norm. Therefore it cannot be construed that there was breach of the norm at the time of import - penalty set aside. Appeal allowed in part.
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