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2015 (8) TMI 289 - SUPREME COURT

2015 (8) TMI 289 - SUPREME COURT - 2015 (319) E.L.T. 614 (SC) - Penalty for non-levy of duty Respondent had cleared goods taking benefit of Notification No. 13/81-Cus, without paying any duty and it was found that respondent had not adhered to conditions stipulated in aforesaid Notification, namely, system imported was to be used in premises which was 100% EOU Tribunal upheld order of penalty as imposed by adjudicating authority Held that:- provision of Section 114A as existed at relevant .....

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d Shri B. Krishna Prasad, Advocates, for the Appellant. Shri Subramonium Prasad, Manav Vohra, Ms. Neha Aggarwal, Ms. Nisha Bagchi and Rajiv Dalal, Advocates, for the Respondent. ORDER In these appeals preferred by the Department the only issue pertains to penalty. The adjudicating authority had imposed the penalty of ₹ 2,11,20,918/- under Section 114A of the Customs Act, 1962, on the appellant. Keeping in view that same was the amount of duty which was levied on the goods imported that was .....

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hout paying any duty and it was found that the respondent had not adhered to the conditions stipulated in the aforesaid Notification, namely, the system imported was to be used in the premises which is 100% EOU. For this reason confiscation order passed by the Customs Authorities and levy of duty which was payable has been upheld by the Tribunal. Even the redemption fine of ₹ 25 lakhs is maintained by the Tribunal. However, when it came to the question of penalty the Tribunal has reduced t .....

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