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CESTAT allowed the appeal of the Government-approved valuer and set aside penalties imposed under ss. 112(a)(iii) and 114AA of the Customs Act, 1962. The Tribunal held that there was no evidence that the appellant's professional valuation rendered the goods liable to confiscation or that he connived with importers, derived any undue benefit, or received extra monetary consideration. The declared values certified by the appellant were never accepted or acted upon by the Department. Further, in the absence of corroborative evidence linking the consignments he examined with those later found to be of inferior quality, the requisite mens rea for penalty under s. 114AA was not established.
CESTAT allowed the appeal of the Government-approved valuer and set aside penalties imposed under ss. 112(a)(iii) and 114AA of the Customs Act, 1962. The Tribunal held that there was no evidence that the appellant's professional valuation rendered the goods liable to confiscation or that he connived with importers, derived any undue benefit, or received extra monetary consideration. The declared values certified by the appellant were never accepted or acted upon by the Department. Further, in the absence of corroborative evidence linking the consignments he examined with those later found to be of inferior quality, the requisite mens rea for penalty under s. 114AA was not established.
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