https://www.taxtmi.com/caselaws?id=775485 The CESTAT Kolkata held that penalty under Section 114 of the Customs Act, 1962 cannot be imposed without confiscation of goods under Section 113. Since the export goods were not confiscated, the penalty was not leviable. The Tribunal noted no evidence implicating the appellant in mis-declaration or overvaluation of the diamonds. Following precedent, the penalty of Rs.4,50,000 imposed under Section 114 was set aside and the appeal allowed. en-us Thu, 17 Jul 2025 00:00:00 +0530 Sat, 26 Jul 2025 08:39:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=775485 The CESTAT Kolkata held that penalty under Section 114 of the Customs Act, 1962 cannot be imposed without confiscation of goods under Section 113. Since the export goods were not confiscated, the penalty was not leviable. The Tribunal noted no evidence implicating the appellant in mis-declaration or overvaluation of the diamonds. Following precedent, the penalty of Rs.4,50,000 imposed under Section 114 was set aside and the appeal allowed. Case-Laws Customs Thu, 17 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=775485