TMI Blog2015 (12) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... s" needs to be read as "penalty not exceeding five times of the value of the goods declared in the said declaration or statements or documents". The appellants relies on the case law with reference to the Section 114 is not relevant that in so far as Section 114 deals with violation in respect of actual movement of goods outside the country. Thus for invocation of Section 114 the actual movement of goods is necessary, however for the purpose of Section 114AA movement or existence of goods is not necessary. In view of the above, I am of the opinion that penalty under Section 114AA can be legally imposed in the present circumstances. - Decided against assessee. - Appeal No. C/86445/15 - Final Order No. A/3602/2015-WZB/SMB - Dated:- 4-11-2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered the scrips before the DGFT and also paid penalty imposed by the authority. After considering the submissions, the Additional Commissioner imposed a penalty of ₹ 10 lakhs under Section 114AA, the appellant challenged this order before the Commissioner (Appeals). In appeal, the appellant again took the same ground that their scrip has been cancelled and they have paid a penalty of ₹ 5.00 lakhs to DGFT. They also claimed that the same was done by the agent they cannot be held responsible for the same. The Commissioner (Appeals) upheld the order-in-original. The appellants are in appeal against the said order. 2. The appellant claim is that they have been severely punished so far as their scrip has been cancelled not only f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stion has been answered by the Commissioner (Appeal) and original adjudicating authority. The appellants were only beneficiary and were handling their matters directly and personally as admitted by them. They cannot shy away from the responsibility in such circumstances. They have raised a fresh grounds regarding the applicability of penalty under Section114AA. Section 114AA reads as follows: penalty for use of false and incorrect material- if a person knowingly or intentionally makes, signs or uses, or causes to be made, signed or used, any declaration, statement or document which is false or incorrect in any material particular, in the transaction of any business for the purposes of this Act, shall be liable to a penalty not exceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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