Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

2011 (9) TMI 665

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... The Revenue has preferred this appeal challenging the order passed by the Tribunal, which has held that when the duty is paid before the issue of Show Cause Notice imposition of penalty and interest is not justified.   2. From the order in original, it is clear, on the ground of misdescription of the goods imported after the came was noticed when the authorities initiated the proceedings b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... out above the observation made by the Tribunal is not proper. The Assessee has paid the duty and interest. However, a penalty of Rs. 1 lac was imposed by the Adjudicating Authority taking a very lenient view of the matter. The dispute relates to the year 2004-05. By Act 14 of 2001, Sub-section (2B) has been inserted to Section 28 of the Customs Act, 1962 which reads as under:-   (2B) Where ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pecified in this Section and the period of "one year" or "six months" as the case may he, referred to in Sub-section (1) shall be counted from the date of receipt of such information of payment.   4. In view of the aforesaid provision, when the Assessee pays; the duty arid penalty and inform the proper officer of such payment in writing, who on receipt of such information shall not serve any....