https://www.taxtmi.com/caselaws?id=765396 CESTAT New Delhi held that penalties under Sections 114A and 114AA of Customs Act, 1962 imposed on appellant were unjustified. The tribunal found no evidence of collusion between appellant and third party who submitted forged documents. Commissioner's findings were based on conjectures without proof of willful mis-statement or suppression of facts by appellant. Appellant had paid correct duty amount through banking channels and deposited differential duty with interest. Since penalties require evidence of intent or knowledge of fraudulent activities, which was absent, penalties were set aside. Deposited amount was ordered to be appropriated against confirmed duty demand. Appeal allowed. en-us Wed, 29 Jan 2025 00:00:00 +0530 Fri, 31 Jan 2025 07:54:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765396 CESTAT New Delhi held that penalties under Sections 114A and 114AA of Customs Act, 1962 imposed on appellant were unjustified. The tribunal found no evidence of collusion between appellant and third party who submitted forged documents. Commissioner's findings were based on conjectures without proof of willful mis-statement or suppression of facts by appellant. Appellant had paid correct duty amount through banking channels and deposited differential duty with interest. Since penalties require evidence of intent or knowledge of fraudulent activities, which was absent, penalties were set aside. Deposited amount was ordered to be appropriated against confirmed duty demand. Appeal allowed. Case-Laws Customs Wed, 29 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765396