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2016 (6) TMI 65 - AT - CustomsImposition of penalty of Rs. One Crore - Section 112 of the Customs Act, 1962 as the same was higher than the penalty under Section 114A - Held that:- the duty liability for the entire quantity of goods totalling 606MT amounted to ₹ 94,50,292/- only. Therefore, the equivalent penalty under Section 114A, even if imposed, would have been lower than the penalty of one Crore imposed under Section 112. Hence, no reason found for the Revenue being aggrieved by the decision of the adjudicating authority. Moreover, it is also not open to Revenue to agitate at the present juncture that the penalty should be imposed under Section 114A of the Customs Act, 1962, when Para 17(d) of the show cause notice itself proposed imposition of penalty under “the provisions of 112/114A of the Customs Act, 1962.” - Decided against the revenue
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