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2014 (5) TMI 636 - AT - CustomsPenalty u/s 114A - Held that - provisions of section 114AA of the Act were enacted under Taxation Laws (Amendment) Act, 2006 with effect from 13.7.2006 and the provisions were not in force at the time of import of the goods - Therefore, impugned order is set aside in respect of penalty imposed under section 114A of the Act on the Appellant - Decided in favour of assessee.
Issues: Challenge to penalty imposed under section 114AA of Customs Act, 1962
Analysis: The appellant contested the penalty imposed under section 114AA of the Customs Act, 1962, through an appeal against the Commissioner of Customs' order. The appellant argued that the goods in question were imported before the enactment of the provisions of section 114AA, which came into force under the Taxation Laws (Amendment) Act, 2006. The appellant emphasized that at the time of import, the provisions of section 114A of the Customs Act, 1962, were not in effect. The appellant's position was that the penalty under section 114AA was not sustainable due to the timing of the import and the enactment of relevant provisions. The Revenue, on the other hand, supported the penalty by highlighting misdeclaration issues regarding the value of the goods. They pointed out that the value was adjusted based on the actual invoice received later by the Customs Authorities. The Revenue argued that the misdeclaration was intentional, aimed at evading duty payment, thus justifying the penalty imposed on the appellant. After hearing both sides, the Tribunal acknowledged that section 114AA of the Act was introduced under the Taxation Laws (Amendment) Act, 2006, effective from 13.7.2006, which was after the import of the goods in question. Consequently, the Tribunal found merit in the appellant's argument regarding the inapplicability of section 114AA at the time of import. As a result, the impugned order was set aside concerning the penalty imposed under section 114AA of the Act on the appellant. In conclusion, the appeal challenging the penalty under section 114AA of the Customs Act, 1962, was disposed of in favor of the appellant based on the timing of the import and the enactment of relevant statutory provisions.
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