The CESTAT upheld the imposition of penalty under section 114A...

The CESTAT upheld the imposition of penalty under section 114A of the CA 1962 on the importer for willful suppression of facts and mis-declaration resulting in duty evasion under section 28(8). The penalty is mandatory and equal to the duty or interest determined, with no discretion allowed to the adjudicating authority. The importer had misused the Advance Authorisation Scheme by importing duty-free raw silk yarn and diverting it into the local market, facilitating evasion of customs duties. The Tribunal modified the impugned order to impose the penalty on the importer in accordance with statutory provisions, emphasizing the deterrent purpose of the penalty. The appeal by the revenue was allowed, and the matter was disposed of accordingly.

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