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2016 (10) TMI 109 - CESTAT MUMBAI

2016 (10) TMI 109 - CESTAT MUMBAI - TMI - 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: - the adjudicating authority had no power to reduce the penalty from the amount equal to the duty. The decision in the case of The Commissioner of Central Excise Versus M/s. Viraj Alloys Ltd. [2010 (10) TMI 102 .....

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ad. 2. In the impugned order, the learned 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 lakhs under Section 114A of the Customs Act, 1962. The Revenue filed this appeal challenging the imposition of reduced penalty of ₹ 50 lakhs on the ground that the penalty under Section 114A should be man .....

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ntral Excise Appeal No. 64 of 2005, Hon'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 amount of ₹ 11,02,06,881/- was confirmed by the adjudicating authority. This demand is for extended period invoking the proviso to Section 28 of the Customs Act, 1962, however, the penalty under Section 1 .....

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