Penalties Can Apply to Company and Officers Under Section 140, But Require Clear Proof of Willful Misclassification

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Full Text of the Document

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....The CESTAT held that penalties may be imposed on both a company and its officers under Section 140 of the Customs Act, analogous to Section 9AA of the Central Excises and Salt Act, as they represent the company's mind and will. However, no evidence established the appellants' involvement in willful misdeclaration or suppression regarding the classification of imported goods. The charge of willful misclassification requires clear proof of intent to evade duty, which was absent. The notice of demand failed to allege that appellants knowingly misclassified goods to gain undue tax advantage. The tribunal emphasized that classification disputes do not warrant penalties absent deliberate evasion. Since the appeals challenged only the penalty, the CESTAT set aside the penalty imposed on the appellants and allowed the appeals without addressing the classification issue.....