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Commissioner of Central Excise & Customs, Raigad Versus M/s Orkay Industries Ltd.

2016 (10) TMI 109 - CESTAT MUMBAI

Quantification of penalty imposed under section 114A of the Customs Act, 1962 - capital goods imported duty free by 100% EOU - Whether the penalty is to be imposed equal to duty or the authority was justified in reducing such penalty? - Held that: - .....

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l allowed - decided in favor of Revenue. - Appeal No. C/466/05 & E/2233/05 - Order No. A89513-89514/16/CB - Dated:- 26-8-2016 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri M.K. Sarangi, Jt. Commissioner (AR) for Appella .....

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Commissioner confirmed a demand of ₹ 11,02,06,881/- in respect of capital goods imported duty free being a 100% EOU invoking the extended period i.e. for the period 1991-92 to 1995-96. However, a penalty was imposed to the tune of ₹ 50 la .....

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hri M.K. Sarangi, learned Jt. Commissioner (AR) appearing on behalf of the Revenue submits that under Section 114A, the penalty is to be imposed equal to duty and no option is available to the authority to reduce such penalty. This has been settled b .....

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9;ble Bombay High Court s order dated 13.10.2010. 4. None appeared on behalf of the respondent despite notice. 5. On careful consideration of the submissions made by the learned AR and perusal of the records, we find that the demand of duty for an am .....

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tune of ₹ 50 lakhs. Section 114A is reproduced below: - SECTION 114A. Penalty for short-levy or non-levy of duty in certain cases. - Where the duty has not been levied or has been short-levied or the interest has not been charged or paid or has .....

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n (8) of section 28 shall also be liable to pay a penalty equal to the duty or interest so determined. From a plain reading of above Section 114A, penalty under such Section is equal to the duty not paid. No option is available to the authority to re .....

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