TaxTMI 
TaxTMI 
2018 (2) TMI 1136
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....r the Respondent ORDER Per: Bench The issue arising for consideration in both these appeals being the same they are heard together and disposed by this common order: 2. The appellants are co-noticees in the SCN dated 04.03.3013 issued to them, alleging misclassification and misdeclaration of value of Concentrated mineral drops (CMD), Elete Electrolyte and NanoSiI etc., imported by M/s. Itsposs....
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....dverted to the said provision in Customs Act, 1962 and submitted that there is no allegation against the appellants that they have used any false documents/material in the transaction. In absence of the ingredients of the said provision, the imposition of penalties under Section 114 AA is highly erroneous and pleaded that the same may be set aside entirely. With regard to the penalties imposed und....
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....y case, he submitted that the allegation in respect of the under valuing the goods is only with regard to freight component. That there for a lenient view may be taken with regard to the penalties imposed. 4. The Ld. AR, Shri R. Subramaniyam, AC, reiterated the findings in the impugned order. He adverted to para-31 and 32 of the impugned order and submitted that the appellants being guilty of und....
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....hat the penalties imposed under Section 112 (a) requires interference as the issue with regard to the classification has now been decided in favour of the appellants. However, since there is finding by the Tribunal that the valuation of the goods is not proper and requires redetermination, for which reason the matter has been remanded, we are of the opinion that the penalties imposed under Section....