2003 (4) TMI 128 - SCH - Customs

Penalty - Held that - penalty imposed by the Authority is in violation of Section 114 of the Customs Act 1962 because it is imposed both on the appellant-Company which attempted to export the goods as well as on the Company which had supplied the same. As no such contention was raised before the Tribunal in our view this contention is not required to be entertained at this stage in these appeals. We however note that it is the submission of the learned counsel for the respondent that Directors/Partners of both the companies namely which attempted to export and which supplied the goods are same - Decided against assessee.

Summary

The Supreme Court dismissed the appeals challenging a penalty of Rs. four lakhs imposed by the Tribunal for customs violations. The penalty was upheld as the companies attempting to export and supply goods had the same Directors/Partners. No costs were awarded.