Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
CESTAT allowed the appeal of M/s X against confirmation of anti-dumping duty, interest and penalty on import of injection moulding machines by invoking the extended limitation under s.28 of the Customs Act and penalty under s.114A. The Tribunal held that the statutory conditions for invoking s.114A and the extended period under s.28 are in pari materia and operate conjointly. Once the Commissioner (A) himself held that penalty under s.114A was not invocable, it necessarily followed that the requisite elements of fraud, suppression or wilful misstatement to trigger the extended period under s.28 were absent. Consequently, the extended limitation and resultant demand, interest and penalty were unsustainable, and the impugned order was set aside to that extent.
CESTAT allowed the appeal of M/s X against confirmation of anti-dumping duty, interest and penalty on import of injection moulding machines by invoking the extended limitation under s.28 of the Customs Act and penalty under s.114A. The Tribunal held that the statutory conditions for invoking s.114A and the extended period under s.28 are in pari materia and operate conjointly. Once the Commissioner (A) himself held that penalty under s.114A was not invocable, it necessarily followed that the requisite elements of fraud, suppression or wilful misstatement to trigger the extended period under s.28 were absent. Consequently, the extended limitation and resultant demand, interest and penalty were unsustainable, and the impugned order was set aside to that extent.
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