2017 (11) TMI 948

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....ssails the order of the Tribunal imposing penalty under Section 112(a) of the Customs Act, 1962. 2. The learned counsel for the Appellant submits that the following substantial questions of law arises. "22.   Whether the Tribunal erred in confirming penalty on the Appellant for undervaluation who acted as an agent for foreign supplier M/s. IJIMASIA having no role in price nego....

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....sons and mastermind is perverse. 4. The learned counsel for the Respondents supports the impugned order. 5. We have considered the submissions canvassed by the learned counsel for the respective parties. 6. Section 112(a) and 112(b) of the Customs Act, 1962 reads as under; 112. Penalty for improper importation of goods, etc. - Any person,- (a)     ....

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....     in the case of dutiable goods, other than prohibited goods, subject to the provisions of section 114A to a penalty not exceeding ten percent of the duty sought to be evaded or five thousand rupees, whichever is higher :           Provided that where such duty as determined under sub-section (8) of section 28 and the interest ....

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....s (i) and (iii), to a penalty [not exceeding the value of the goods or the difference between the declared value and the value thereof or five thousand rupees], whichever is the highest; (v)     in the case of goods falling both under clauses (ii) and (iii), to a penalty [not exceeding the duty sought to be evaded on such goods or the difference between the declared value an....