Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
The CESTAT upheld the levy of penalty under section 112(a) of the Customs Act, 1962, against the appellant as the High Sea Seller for procuring a fabricated pre-shipment inspection certificate (PSIC) related to the import of metal scrap from Mauritius. The tribunal emphasized the gravity of issuing a defective certificate, given the potential presence of hazardous materials, which poses serious risks to public safety. The appellant's contention regarding valuation was rejected since valuation pertains to the importer's liability, and the importer's appeal on valuation had already been allowed by the Commissioner (Appeals). The penalty was reduced to Rs. 1 lakh, and the appeal was otherwise dismissed, affirming the imposition of penalty for the procedural violation involving the defective PSIC.
The CESTAT upheld the levy of penalty under section 112(a) of the Customs Act, 1962, against the appellant as the High Sea Seller for procuring a fabricated pre-shipment inspection certificate (PSIC) related to the import of metal scrap from Mauritius. The tribunal emphasized the gravity of issuing a defective certificate, given the potential presence of hazardous materials, which poses serious risks to public safety. The appellant's contention regarding valuation was rejected since valuation pertains to the importer's liability, and the importer's appeal on valuation had already been allowed by the Commissioner (Appeals). The penalty was reduced to Rs. 1 lakh, and the appeal was otherwise dismissed, affirming the imposition of penalty for the procedural violation involving the defective PSIC.
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