https://www.taxtmi.com/caselaws?id=772436 CESTAT New Delhi allowed the appeal and set aside penalty imposed under sections 114 and 112 of the Customs Act, 1962. The case involved alleged customs duty evasion through overvaluation of CD-ROMs under DEPB Scheme. The tribunal held that statements recorded under section 108 cannot be relied upon without following section 138B procedure. Since no other evidence existed beyond these inadmissible statements, penalty could not be sustained. Additionally, as exported goods cannot be confiscated under section 113(d), penalty under section 114 was legally unsustainable. en-us Fri, 06 Jun 2025 00:00:00 +0530 Mon, 09 Jun 2025 07:29:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=772436 CESTAT New Delhi allowed the appeal and set aside penalty imposed under sections 114 and 112 of the Customs Act, 1962. The case involved alleged customs duty evasion through overvaluation of CD-ROMs under DEPB Scheme. The tribunal held that statements recorded under section 108 cannot be relied upon without following section 138B procedure. Since no other evidence existed beyond these inadmissible statements, penalty could not be sustained. Additionally, as exported goods cannot be confiscated under section 113(d), penalty under section 114 was legally unsustainable. Case-Laws Customs Fri, 06 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=772436