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 there

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