2026 (2) TMI 791

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ding the proposals made in the show cause notice dated 6.6.2024 [SCN] by which he confirmed the demand of differential customs duty of Rs. 57,18,554/- along with interest and appropriated the amounts deposited by the appellant towards duty and interest. He also imposed a penalty of Rs.57,18,554/- on the appellant under section 114A of the Customs Act, 1962 [Act] 2. The appellant had imported Carbon Fiber Table Tops and Carbon Fiber Tables under various Bills of Entry between 18.8.2022 and 9.3.2023 and self-assessed duty claiming the benefit of Notification No. 50/2017-CUS, as amended by Notification No. 2/2022-CUS dated 1.2.2022 (Sl. No. 564). The case of the department is that after the amendment on 1.2.2022, carbon fiber tables importe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pen as the appellant is not praying for setting aside the demand with interest. 7. The sole question to be answered is, whether, in the facts of the case, the Commissioner was justified in imposing penalty under section 114A of the Act. This section reads as follows: Section 114A. Penalty for short-levy or non-levy of duty in certain cases. - Where the duty has not been levied or has been short-levied or the interest has not been charged or paid or has been part paid or the duty or interest has been erroneously refunded by reason of collusion or any wilful mis-statement or suppression of facts, the person who is liable to pay the duty or interest, as the case may be, as determined under sub-section (8) of section 28 sha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 28AA, and twenty-five percent of the consequential increase in penalty have also been paid within thirty days of the communication of the order by which such increase in the duty or interest takes effect : Provided also that where any penalty has been levied under this section, no penalty shall be levied under section 112 or section 114. Explanation. - For the removal of doubts, it is hereby declared that - (i) the provisions of this section shall also apply to cases in which the order determining the duty or interest subsection (8) of section 28 relates to notices issued prior to the date on which the Finance Act, 2000 receives the assent of the President; (ii) any amount paid to the credit of the Centr....