No Penalty leviable merely on basis of Speculations

Mohammed Irfan Abdul Vs Commissioner of Customs (CESTAT Mumbai) Conclusion: Since none of the orders of the authorities below was at any discussion or finding regarding mensrea or unlawful gain to the appellant or attributing any knowledge on his part, therefore, the orders denying the duty exemption benefit and confirmed the differential duty of Rs.26,12,902/- with interest and imposed a penalty of Rs.26,12,902/- along with interest under Section 114A was merely proceed on basis of speculations which was not justified. Held: Directorate of Revenue Intelligence, (DRI) gathered information that...