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Customs

Levy of penalty under the wrong provisions of the act - proposes...

Penalties Imposed Under Incorrect Customs Act Provisions; Appellate Authority Modifies Order, Impacting Revenue's Position.

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CustomsMay 22, 2023Case LawsAT

Levy of penalty under the wrong provisions of the act - proposes imposition of penalty u/s 114, 114A and 114AA of the Customs Act. Order-in-original has been passed imposing penalty u/s 114A, 114AA and Section 112(a) and (b). - Adjudicating authority imposed penalty under different provisions and the appellate authority modified the same under different provisions as seen. It is not the case of wrong mention but it is a case of a conscious decision taken under which penalty has been imposed and upheld. These decisions do not advance the case of the Revenue in this regard. - AT

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