TaxTMI 
TaxTMI 
2013 (11) TMI 249
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.... there cannot be imposition of penalty under Section 112A of Customs Act, 1962 by appellate authority. We are surprised, how such contention is possible to be entertained when show cause notice had proposed for levy of penalty under Section 112A of Customs Act, 1962, in the fitness of circumstances of the case which is apparent from Para 20.6 of show cause notice exhibited by page 72 of appeal fol....
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.... imposed by him. But we find from Para (ii) at page 45 of appeal folder that a fine of Rs. 2 lakhs was imposed by learned Adjudicating Authority which according to us was also too low. However, this aspect should receive attention in the course of regular hearing. When learned Commissioner (Appeals) found that mis-declaration was evident and backed by statutory support of notification, he imposed ....
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....Keeping in mind overall view of facts and circumstances of the case we direct the appellant to deposit Rs. 10 lakhs within 6 weeks from today and make compliance on 5th June, 2013 which otherwise shall cause prejudice to Revenue. We make it clear to both sides that while passing order as above we have taken into consideration importance of interim order following judgement of Apex Court in the cas....