https://www.taxtmi.com/caselaws?id=773563 CESTAT New Delhi set aside penalty imposed under Section 114 of Customs Act, 1962 for alleged overvaluation of exported CD ROMs to fraudulently claim DEPB scripts. The tribunal held that penalty under Section 114 requires goods to be liable for confiscation under Section 113, but since goods were already exported, confiscation under Section 113(d) was not possible. Additionally, no evidence established appellant's knowledge of inflated valuation. Commissioner's order imposing penalty was unsustainable and appeal was allowed. en-us Wed, 04 Jun 2025 00:00:00 +0530 Wed, 25 Jun 2025 09:23:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773563 CESTAT New Delhi set aside penalty imposed under Section 114 of Customs Act, 1962 for alleged overvaluation of exported CD ROMs to fraudulently claim DEPB scripts. The tribunal held that penalty under Section 114 requires goods to be liable for confiscation under Section 113, but since goods were already exported, confiscation under Section 113(d) was not possible. Additionally, no evidence established appellant's knowledge of inflated valuation. Commissioner's order imposing penalty was unsustainable and appeal was allowed. Case-Laws Customs Wed, 04 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773563