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    <title>2022 (4) TMI 144 - CESTAT NEW DELHI</title>
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    <description>Penalty under Section 112A of the Customs Act, 1962 could not be sustained where the Bill of Entry was filed on the basis of the packing list and Bill of Lading, and the goods mismatch was credibly explained as a packing mistake by the exporter. The explanation was accepted as genuine and not shown to be false, and no deliberate misdeclaration by the importer was established. On these facts, the tribunal held that the statutory conditions for penalty were not met and set the penalty aside in favour of the assessee.</description>
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      <description>Penalty under Section 112A of the Customs Act, 1962 could not be sustained where the Bill of Entry was filed on the basis of the packing list and Bill of Lading, and the goods mismatch was credibly explained as a packing mistake by the exporter. The explanation was accepted as genuine and not shown to be false, and no deliberate misdeclaration by the importer was established. On these facts, the tribunal held that the statutory conditions for penalty were not met and set the penalty aside in favour of the assessee.</description>
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