2018 (10) TMI 574

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....s.   Respondent Through: Mr. Sanjeev Narula, Sr. Standing Counsel with Mr. Sunil Dalal, Mr. Abhishek Ghai and Mr. Shravan Kumar Shukla, Advs.   O R D E R The question of law urged on behalf of the appellant, i.e. the assessee/importer is that the imposition of penalty under Section 114AA of the Customs Act, 1962 [hereafter "the Act"] was unwarranted and illegal given that the pr....

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....sought to re-export the goods - this time claiming that the consignee was its sister concern, i.e. M/s. Atlas Opportunities Ltd. (a British Virgin Islands incorporated company), which is said to have been carrying on its commercial activities in Slovakia. The Let Export Orders (LET) were issued on different dates in 2007. At that stage, the Directorate of Revenue Intelligence (DRI) suspected that ....

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....imposing penalty in this case occurred prior to the insertion of Section 114AA and to that extent the concurrent imposition of penalty was unlawful. It was emphasized in this regard that the Bills of Entry (BoE) were initially filed in 2005; for its own convenience, the Customs authorities asked them to split the same into 14 bills which Atlas did in 2006. It was therefore, urged that the ensuing ....