No penalty u/s. 114 of Customs Act in absence of confiscation of goods: CESTAT Delhi

Bimal Kumar Jain Vs Commissioner of Customs (CESTAT Delhi) CESTAT Delhi held that imposition of penalty u/s. 114 of the Customs Act cannot be sustained in as much as goods are already exported and hence confiscation u/s. 113 cannot be sustained. Facts- Intelligence was received by the department that M/s. Sundram Export Pvt. Ltd.4and M/s. Netcompware Pvt. Ltd. had exported CD-ROMs under Duty Entitlement Pass Book6 Scheme by grossly overvaluing it with an intention to wrongly avail DEPB scrips and thereby evade customs duty. The case setup by the department in the show cause notice is that Sun...