https://www.taxtmi.com/caselaws?id=756709 The CESTAT New Delhi dismissed the Revenue's appeal regarding confiscation of imported men's woven quilted/padded polyester polyfill goods and penalties under sections 114A and 125 of the Customs Act, 1962. The tribunal held that since assessment under section 17 and clearance under section 47 were incomplete when Customs (Preventive) Officers intervened, this remained an assessment process rather than post-clearance recovery. Section 28(4) for differential duty recovery and penalty provisions under sections 111(m) and 114A were deemed inapplicable as no fraud or mis-declaration was detected. The Commissioner (Appeals) correctly set aside confiscation and penalties. en-us Tue, 06 Aug 2024 00:00:00 +0530 Thu, 08 Aug 2024 12:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756709 The CESTAT New Delhi dismissed the Revenue's appeal regarding confiscation of imported men's woven quilted/padded polyester polyfill goods and penalties under sections 114A and 125 of the Customs Act, 1962. The tribunal held that since assessment under section 17 and clearance under section 47 were incomplete when Customs (Preventive) Officers intervened, this remained an assessment process rather than post-clearance recovery. Section 28(4) for differential duty recovery and penalty provisions under sections 111(m) and 114A were deemed inapplicable as no fraud or mis-declaration was detected. The Commissioner (Appeals) correctly set aside confiscation and penalties. Case-Laws Customs Tue, 06 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756709