Tribunal Overturns Penalty for Misdeclared Import Value, Citing No Intentional Misdeclaration by Software Exporter.

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....In the case before CESTAT Bangalore, the issue revolved around mis-declaration of import value, duty demand, confiscation of goods, and penalty imposition. The appellant, a 100% EOU providing software development services, imported a semi-conductor fabrication system. The appellant declared the value based on the supplier's proforma invoice, which was later found to be undervalued due to the goods being used. The Chartered Engineer enhanced the value, impacting the export obligation. The tribunal held that there was no intentional mis-declaration or suppression by the appellant, as the declared value was based on the proforma invoice. Consequently, the confiscation order and penalty imposed under section 112(a)(ii) were set aside.....