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The CESTAT held that the appellant, who declared the description of goods to the Directorate General of Foreign Trade (DGFT) for obtaining the VKGUY license, did not have any mala fide intention. The issue of classification of goods is a matter of interpretation, and the DGFT had the opportunity to object to the description declared by the appellant while issuing the license. Since the DGFT accepted the declared description and issued the license, and the license has not been canceled, the penal provisions cannot be invoked against the appellant. Consequently, the appellant is not liable for penalties u/s 112(a) or 114AA of the Customs Act, 1962, and the penalties were set aside. The appeal was allowed.
The CESTAT held that the appellant, who declared the description of goods to the Directorate General of Foreign Trade (DGFT) for obtaining the VKGUY license, did not have any mala fide intention. The issue of classification of goods is a matter of interpretation, and the DGFT had the opportunity to object to the description declared by the appellant while issuing the license. Since the DGFT accepted the declared description and issued the license, and the license has not been canceled, the penal provisions cannot be invoked against the appellant. Consequently, the appellant is not liable for penalties u/s 112(a) or 114AA of the Customs Act, 1962, and the penalties were set aside. The appeal was allowed.
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