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of <h1>Tribunal upholds penalty for duty evasion under Customs Act, affirms reduction in fine by Commissioner (Appeals)</h1> <h3>COMMISSIONER OF CUSTOMS, BANGALORE Versus PROTOCOL SOLUTIONS PVT. LTD.</h3> COMMISSIONER OF CUSTOMS, BANGALORE Versus PROTOCOL SOLUTIONS PVT. LTD. - 2010 (256) E.L.T. 782 (Tri. - Bang.) Issues:1. Mis-declaration of imported goods2. Imposition of penalty under Section 114A of the Customs Act, 19623. Reduction of fine by the Commissioner (Appeals)Analysis:Issue 1: Mis-declaration of imported goodsThe case involved the import of barcode print consignments by M/s. Protocol Solutions Pvt. Ltd., where part of the hardware was mis-declared as software, leading to an evasion of duty amounting to Rs. 60,994. The original authority imposed a differential duty and penalties, which were contested by the Revenue.Issue 2: Imposition of penalty under Section 114AThe Tribunal found that the impugned goods were liable to confiscation under Section 111(m) of the Customs Act, and the original authority had rightly imposed a penalty equal to the duty evaded under Section 114A. The Commissioner (Appeals) erred in reducing the penalty, as Section 114A explicitly provides for a penalty equal to the duty evaded. Therefore, the appeal against the reduction of penalty was allowed.Issue 3: Reduction of fine by the Commissioner (Appeals)Regarding the reduction of fine from Rs. 1,35,000 to Rs. 75,000 by the Commissioner (Appeals), it was noted that the fine was reasonable considering the value of the offending goods and the submissions made by the respondents. The authorities failed to demonstrate that the goods would have yielded a profit of Rs. 1,35,000 if sold in the market. Hence, the Tribunal dismissed the Revenue's appeal against the fine reduction, affirming the decision of the Commissioner (Appeals).In conclusion, the appeal was partially allowed, with the Tribunal upholding the imposition of penalty equal to the duty evaded under Section 114A while affirming the reduction of the fine by the Commissioner (Appeals) to Rs. 75,000 as reasonable.
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