Confirmation of penalty u/s 112 of Customs Act to non-importer is unsustainable

Citibank N.A. Vs Commissioner of Customs (ACC & Import) (CESTAT Mumbai) CESTAT Mumbai held that the appellant being a subsequent purchaser of the goods from the M/s Philips India who had allegedly purchased the imported the goods hence confirmation of penalty under Section 112 of the Customs Act is unsustainable in law. Facts- Appellant Citibank is engaged in carrying on activities of banking services at its various branches located in India and it had purchased 12 numbers of ATMs and 6 ATMS Controllers in July, 1998 from M/s. Philips India. On 11.09.1992 show-cause notice was issued by th...