Section 114AA Penalty not leviable in absence of misdeclaration or misstatement

Chloride Metals Ltd. Vs Commissioner of Customs (CESTAT Chennai) Facts- The appellant paid IGST of INR 61,24,785. However, the appellant was not able to get the original documents for taking delivery of the impugned goods. The supplier of the appellant, based at Singapore, became bankrupt and was not in a position to provide the original document. Accordingly, the appellant filed IGST refund application as he didn’t intend to take release of goods. The said refund claim was later on withdrawn due to their deal with M/s. Gravita India Ltd. Later a notice was issued to the appellant proposing ...