Imposition of detriment / penalty u/s 114 of Customs Act, 1962 -...

Imposition of detriment / penalty u/s 114 of Customs Act, 1962 - customs broker - Tribunal observed that, the fastening of penalty was on account of confiscation solely in the absence of defence. Moreover, there is no finding that the goods were not entitled to some drawback. There is also no finding on the mis-declaration of the earlier consignments which have been referred to as justification for magnitude of penalty. The gap between domestic value and declared value is not necessarily of such difference as to be beyond a commercial transaction, even if it to be outlier. The penalty imposed, therefore, appears to be unduly harsh and disproportionate. - Penalty reduced to Rs. 10,000 from Rs. 5,00,000.

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