TMI Blog2018 (7) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... - Appeal dismissed - decided against Revenue. - C/CO/40454/2018 and C/42180/2016 - Final Order No. 41937 / 2018 - Dated:- 3-7-2018 - Hon ble Ms. Sulekha Beevi C.S., Member ( Judicial ) Shri R. Subramaniam, AC (AR) for the Appellant Shri M.N. Bharathi, Advocate for the Respondent ORDER Brief facts are that the respondents filed Bill of Entry dated 16.9.2014 for clearance of goods declared as Furniture, Electronics goods etc. After giving first check to verify the declaration made, it was found that the items declared as Electronic Power Pot classified under CTH 94059900 as parts of Lamps and Light Fittings and were actually found to be Stage Silver Fountain which are fire crackers correctly classifiable under CT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner (Appeals) has set aside the penalty imposed under Section 114AA observing that a penalty has been already imposed under Section 112(a). Even if a penalty is imposed under Section 112(a), if the ingredients are present, the penalty under Section 114AA ought to have been imposed. The adjudicating authority having imposed the penalty both under Section 112(a) and 114AA, the Commissioner (Appeals) ought not to have set aside the penalty imposed under Section 114AA. 3. The ld. counsel Shri M.N. Bharathi supported the submissions made in the cross-objection filed by them. He adverted to Section 114AA of the Customs Act and also the discussions made in the impugned order with respect to the report of the Standing Committee before intr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision with regard to Section 114AA. It is seen stated that as per the Taxation Laws (Amendment) Bill, 2005, introduced in Lok Sabha on 12.5.2005, the Standing Committee has examined the necessity for introducing a new Section 114AA. The said Section was proposed to be introduced consequent to the detection of several cases of fraudulent exports where the exports were shown only on paper and no goods crossed the Indian border. The said Section envisages enhanced penalty of five times of the value of the goods. The Commissioner (Appeals) has analyzed the object and the purpose of this Section and has held that in view of the rationale behind the introduction of Section 114AA of the Customs Act and the fact that penalty has already been impose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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