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Issues involved: Interpretation of penalty provisions under Section 112(a)(ii) of the Customs Act, 1962.
Summary: 1. The appeal concerns the imposition of penalty under Section 112(a)(ii) of the Customs Act, 1962, with the main question being the permissibility of imposing a penalty less than Rs. 5,000. 2. Section 112(a)(ii) stipulates that the penalty should not exceed the duty sought to be evaded on the goods or Rs. 5,000, whichever is greater. The Commissioner (Appeals) incorrectly held that the upper limit of penalty imposition is Rs. 5,000, disregarding the value of the goods involved. The correct interpretation is that if the value of the goods is less than Rs. 5,000, the penalty should be Rs. 5,000; if the value exceeds Rs. 5,000, the penalty should match the value of the goods. The Commissioner's misinterpretation is evident from the appeal. 3. The impugned order is overturned, and the case is remanded to the original authority for a proper quantification of the penalty in accordance with the law, with a suggested timeline of three months for completion. 4. The appeals are disposed of accordingly.
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