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2020 (4) TMI 279 - AT - CustomsImposition of penalty - appellants have paid of all the duty along with interest and 25% of the penalty with an impression that 25%of the penalty works out to ₹ 2,03,592/- whereas the actual amount of penalty works out to ₹ 2,53,313/- - HELD THAT:- The appellant was under the impression that 25% of the penalty works out to ₹ 2,03,952/- and it was paid by them before investigation itself therefore while issuing the show-cause notice, the authorities are required to calculate the actual amount of penalty payable by the appellant towards penalty and if there is any short payment they would have been be asked to pay at that stage and the matter could have been come to an end. But instead of doing so, the matter had to travel up to this Tribunal which is very unfortunate - As whole of the demand of duty, interest and 25% penalty has been paid by the appellant and the Managing Director is also not be penalised. The penalty equal to 100% duty imposed by the learned Commissioner is not sustainable against the appellant - Appeal allowed.
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