Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
CESTAT allowed the appeal, setting aside penalties imposed under Sections 114AA and 112(a)(ii) of the Customs Act, 1962. The Tribunal found no mala fide intention in converting export bills between DFIA and DEPB schemes, as the conversion was previously examined and approved by the Commissioner of Customs (Preventive). No false documents were identified, and the SIU recommended closing the matter. The Tribunal held that no suppression of facts or misstatement occurred, rendering the penalties legally unsustainable and thus vacating them.
CESTAT allowed the appeal, setting aside penalties imposed under Sections 114AA and 112(a)(ii) of the Customs Act, 1962. The Tribunal found no mala fide intention in converting export bills between DFIA and DEPB schemes, as the conversion was previously examined and approved by the Commissioner of Customs (Preventive). No false documents were identified, and the SIU recommended closing the matter. The Tribunal held that no suppression of facts or misstatement occurred, rendering the penalties legally unsustainable and thus vacating them.
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