CESTAT ruled in favor of the appellant, setting aside confiscation, redemption fine, and penalties in a case involving misdeclaration of imported zinc ingots as lead ingots. The Tribunal determined this was a bonafide mistake by the foreign supplier rather than intentional duty evasion, noting both items were freely importable with identical duty rates. The appellant would have gained no monetary benefit from the misdeclaration, as lead ingots were actually more expensive than zinc ingots. Given these circumstances and the absence of malafide intent, the Tribunal concluded that an incorrect declaration resulting from supplier error did not warrant punitive measures. The appeal was allowed, reversing the adjudicating authority's original order.
CESTAT ruled in favor of the appellant, setting aside confiscation, redemption fine, and penalties in a case involving misdeclaration of imported zinc ingots as lead ingots. The Tribunal determined this was a bonafide mistake by the foreign supplier rather than intentional duty evasion, noting both items were freely importable with identical duty rates. The appellant would have gained no monetary benefit from the misdeclaration, as lead ingots were actually more expensive than zinc ingots. Given these circumstances and the absence of malafide intent, the Tribunal concluded that an incorrect declaration resulting from supplier error did not warrant punitive measures. The appeal was allowed, reversing the adjudicating authority's original order.
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