https://www.taxtmi.com/caselaws?id=448193 The Tribunal ruled in favor of the appellant, setting aside the penalty imposed under Section 114A of the Customs Act, 1962. It found no deliberate suppression of facts as the appellant promptly paid the differential duty and interest upon discovering the classification error. The Tribunal emphasized that suppression requires intentional non-disclosure to evade duty, which was not evident in this case. The Tribunal also noted that payment of duty and penalty before the notice issuance precludes penalty imposition, aligning with a High Court ruling. Thus, the appellant's appeal for waiver of the penalty under Section 28(2B) was upheld. en-us Wed, 10 Jan 2024 00:00:00 +0530 Tue, 30 Apr 2024 15:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448193 The Tribunal ruled in favor of the appellant, setting aside the penalty imposed under Section 114A of the Customs Act, 1962. It found no deliberate suppression of facts as the appellant promptly paid the differential duty and interest upon discovering the classification error. The Tribunal emphasized that suppression requires intentional non-disclosure to evade duty, which was not evident in this case. The Tribunal also noted that payment of duty and penalty before the notice issuance precludes penalty imposition, aligning with a High Court ruling. Thus, the appellant's appeal for waiver of the penalty under Section 28(2B) was upheld. Case-Laws Customs Wed, 10 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448193