Imposition of penalty under section 114A requires collusion or...

Imposition of penalty under section 114A requires collusion or wilful mis-statement or suppression of facts; the tribunal found none where the appellant self-assessed Bills of Entry under a bona fide belief of entitlement to an exemption notification. The reasoning held that an incorrect self-assessment alone does not establish suppression or wilful mis-statement and that reassessment is the statutory remedy for such errors. Consequently, the penalty under section 114A was set aside and the appellant granted consequential relief.