Home Case Index All Cases Customs Customs + AT Customs - 2018 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 1089 - AT - CustomsBenefit of reduced penalty - Section 28 of the Customs Act, 1962 - it was alleged that duty, interest and penalty, though, admittedly, tendered initially through demand draft within the prescribed thirty days, had not been credited to the exchequer - Held that:- The impugned order admits to the submission of the demand draft within the stipulated deadline and the failure to encash it. Notwithstanding this, the first appellate authority has taken the view that, while it is open to the appellant to take suitable action as per the law, the benefit of reduced penalty is premised upon strict compliance with the requirements of section 28(6) of the Customs Act, 1962. It appears that the dereliction has been on the part of the tax authorities in failing to deposit the demand draft tendered by the appellant. The appellant has also has been subjected to interest in consequence which was also discharged without demur - the appellant is eligible to benefit of reduced penalty for having tendered duty and interest as well as penalty within the prescribed time in accordance wih section 28 of the Customs Act, 1962. Appeal allowed.
|