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Penalty u/s. 114AB of Customs Act merely based on statement u/s. 108 cannot be sustained
Case Law Details
- Case Name
- New Era Trading Pvt. Ltd Vs Principal Commissioner of Customs (CESTAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Delhi
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New Era Trading Pvt. Ltd Vs Principal Commissioner of Customs (CESTAT Delhi)
CESTAT Delhi held that penalty under section 114AB of the Customs Act couldn’t be imposed merely on the basis of statement made under section 108 since it cannot be considered as evidence u/s. 138B of the Customs Act. Accordingly, appeal allowed.
Facts- New Era Trading Pvt. Ltd. has filed this appeal to assail the order dated 27.04.2023 passed by the Principal Commissioner of Customs, confiscating the goods exported u/s. 113(d), (g) and (i) of the Customs Act, 1962 but as the goods had been exported and were not ava...
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