https://www.taxtmi.com/caselaws?id=772435 CESTAT New Delhi held that penalty under section 114 of the Customs Act cannot be sustained against the appellant involved in alleged customs duty evasion through overvaluation of CD-ROMs under DEPB scheme. The tribunal found that statements recorded under section 108 were the sole evidence relied upon by the Commissioner, but these statements cannot be considered reliable as proper procedure under section 138B was not followed. Additionally, since exported goods cannot be confiscated under section 113(d), penalty under section 114 cannot be imposed as it requires goods to be liable for confiscation. The impugned order imposing penalties under sections 114 and 112 was set aside and appeal allowed. 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=772435 CESTAT New Delhi held that penalty under section 114 of the Customs Act cannot be sustained against the appellant involved in alleged customs duty evasion through overvaluation of CD-ROMs under DEPB scheme. The tribunal found that statements recorded under section 108 were the sole evidence relied upon by the Commissioner, but these statements cannot be considered reliable as proper procedure under section 138B was not followed. Additionally, since exported goods cannot be confiscated under section 113(d), penalty under section 114 cannot be imposed as it requires goods to be liable for confiscation. The impugned order imposing penalties under sections 114 and 112 was set aside and appeal allowed. Case-Laws Customs Fri, 06 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=772435