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2016 (7) TMI 412 - CESTAT CHENNAI

2016 (7) TMI 412 - CESTAT CHENNAI - TMI - Levy of penalty u/s 114AA on artificial person - involvement of the appellant in the entire undervaluation process - It was submitted that, if at all any penalty is imposable that shall be imposed under section 114AA on the employee but not on the employer. The vicarious liability is not the intention of that section. - Held that:- When the magnitude of the penalty is looked into there appears no further consideration to be made since the appellant throu .....

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m, Advocate for the Appellant Shri B. Balamurugan, AC (AR) for the Respondent ORDER Learned counsel vehemently opposes the order passed by learned Commissioner (Appeals) who has reduced the penalty imposed under section 112A of Customs Act, 1962 from Rupees One lakh to ₹ 70,000/- and the penalty imposed under section 114AA of the said Act from Rupees two lakhs to ₹ 1.50 laks. It is the further submission of the appellant that section 114AA is not applicable to an artificial person bu .....

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