https://www.taxtmi.com/caselaws?id=294942 Penalty under Section 114A of the Customs Act was unsustainable because the alleged suppression rested on omission to add 1% landing charges on demurrage to assessable value. Where the valuation basis itself was doubtful and demurrage charges were already considered outside the proper valuation framework under Section 14, failure to include a disputed notional component could not amount to suppression attracting penal consequences. On the facts, duty had been paid on the basis understood by the assessee, and the ingredient required for penalty was not established. The penalty was therefore set aside and consequential relief followed. en-us Mon, 30 Sep 2019 00:00:00 +0530 Tue, 11 May 2021 08:35:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294942 Penalty under Section 114A of the Customs Act was unsustainable because the alleged suppression rested on omission to add 1% landing charges on demurrage to assessable value. Where the valuation basis itself was doubtful and demurrage charges were already considered outside the proper valuation framework under Section 14, failure to include a disputed notional component could not amount to suppression attracting penal consequences. On the facts, duty had been paid on the basis understood by the assessee, and the ingredient required for penalty was not established. The penalty was therefore set aside and consequential relief followed. Case-Laws Customs Mon, 30 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294942