2018 (2) TMI 1136

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.... Shri R. Subramaniyam, AC (AR) - For 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 Electroly....

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....hri Ankan Suri, appearing for the appellants argued that the penalty imposed under Section 114 AA is not attracted in the present case. He adverted 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 pena....

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.... held in favour of the appellants, the penalties imposed by the adjudicating authority under Section 112 (a) requires to be set aside. In any 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....

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....s imposed the penalties for violation of classification as well as under valuation of the goods. On such score, we are of the considered opinion that 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 ....