Customs Act Section 114(iii) Penalty Deemed Excessive Due to Lack of Financial Gain Evidence in Wrongful Duty Drawback Case.

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....Imposition of penalties u/s 114(iii) of the Customs Act - Wrongful availment of the duty drawback - it is not clear from the show-cause notice or the Order-in-Original that if there was any financial gain obtained by the appellant. In such circumstances, we find that the penalty imposed is very high. Penalty should be commensurate with the offence committed. - AT....