<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2026 (6) TMI 1021 - CESTAT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=793640</link>
    <description>Penalties under the Customs Act were held unsustainable where the importer had disclosed the bills of entry, the environment certificate and the manufacturer&#039;s technical specifications at the time of import. The goods were cleared after customs verification, and the certificate had been issued by a duly authorised notified agency. On the record, there was no concealment, suppression or knowing use of false or incorrect material; the only alleged defect was absence of a Type Approval form. The importer&#039;s conduct was found to reflect bona fide belief, and the omission was treated as a failure at the clearance stage rather than intentional misconduct. Penalties under Sections 112(a) and 114AA were therefore set aside.</description>
    <language>en-us</language>
    <pubDate>Fri, 19 Jun 2026 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 20 Jun 2026 08:04:55 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=907915" rel="self" type="application/rss+xml"/>
    <item>
      <title>2026 (6) TMI 1021 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=793640</link>
      <description>Penalties under the Customs Act were held unsustainable where the importer had disclosed the bills of entry, the environment certificate and the manufacturer&#039;s technical specifications at the time of import. The goods were cleared after customs verification, and the certificate had been issued by a duly authorised notified agency. On the record, there was no concealment, suppression or knowing use of false or incorrect material; the only alleged defect was absence of a Type Approval form. The importer&#039;s conduct was found to reflect bona fide belief, and the omission was treated as a failure at the clearance stage rather than intentional misconduct. Penalties under Sections 112(a) and 114AA were therefore set aside.</description>
      <category>Case-Laws</category>
      <law>Customs</law>
      <pubDate>Fri, 19 Jun 2026 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=793640</guid>
    </item>
  </channel>
</rss>