Overseas exporter couldn’t be penalized for Importer’s Undervaluation

Bentley Motors Ltd Vs Commissioner of Customs (CESTAT Delhi) Conclusion: Penalty of Rs. 20,00,000/- imposed on Bentley Motors Ltd. under section 112 (a) (ii) on the ground that it had abetted mis-declaration value of the cars by Exclusive Motors which rendered such cars liable for confiscation under section 111 (m) was not justified  as if Exclusive Motors had undervalued the goods by reflecting the CIF values in the main invoices without including the additional amounts which it had paid through account adjustment based on the supplementary invoices issued by the appellant, no malafide inten...