https://www.taxtmi.com/caselaws?id=767055 Section 114A of the Customs Act, 1962 was interpreted as permitting penalty to be linked to either duty or interest, depending on the statutory situation, because the text uses the disjunctive "or" followed by "as the case may be". The provision was held to be plain and unambiguous, so "or" could not be read as "and" to add interest to duty short-paid for penalty purposes. A departmental circular could not override the clear language of the statute. On that construction, the penalty could not include interest in addition to duty, and the revenue's challenge failed. en-us Mon, 24 Feb 2025 00:00:00 +0530 Mon, 10 Mar 2025 08:42:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=767055 Section 114A of the Customs Act, 1962 was interpreted as permitting penalty to be linked to either duty or interest, depending on the statutory situation, because the text uses the disjunctive "or" followed by "as the case may be". The provision was held to be plain and unambiguous, so "or" could not be read as "and" to add interest to duty short-paid for penalty purposes. A departmental circular could not override the clear language of the statute. On that construction, the penalty could not include interest in addition to duty, and the revenue's challenge failed. Case-Laws Customs Mon, 24 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=767055