https://www.taxtmi.com/caselaws?id=772437 CESTAT New Delhi set aside penalties imposed under sections 114 and 112 of the Customs Act, 1962 against appellant in a case involving alleged customs duty evasion through overvaluation of CD-ROMs under DEPB Scheme. The tribunal held that statements recorded under section 108 of the Customs Act cannot be relied upon without following proper procedure under section 138B. Since no other evidence existed beyond these inadmissible statements, penalty under section 114 could not be sustained. Additionally, as exported goods cannot be confiscated under section 113(d), penalty under section 114 was legally unsustainable. Appeal allowed. en-us Fri, 06 Jun 2025 00:00:00 +0530 Mon, 09 Jun 2025 10:47:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=772437 CESTAT New Delhi set aside penalties imposed under sections 114 and 112 of the Customs Act, 1962 against appellant in a case involving alleged customs duty evasion through overvaluation of CD-ROMs under DEPB Scheme. The tribunal held that statements recorded under section 108 of the Customs Act cannot be relied upon without following proper procedure under section 138B. Since no other evidence existed beyond these inadmissible statements, penalty under section 114 could not be sustained. Additionally, as exported goods cannot be confiscated under section 113(d), penalty under section 114 was legally unsustainable. Appeal allowed. Case-Laws Customs Fri, 06 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=772437