Section 64 - Insertion of new section 114A - Finance (No. 2) Act, 1996

64. Insertion of new section 114A After section 114 of the Customs Act, the following section shall be inserted, namely:- 114A. Penalty for short-levy or non-levy of duty in certain cases Where the duty has not been levied or has been short-levied or the interest has not been charged or paid or has not been part paid or the duty or interest has been erroneously refunded by reason of collusion or any willful mis-statement or suppression of facts, the person who is liable to pay the duty or interest, as the case may be, as determined under sub-section (2) of section 28 shall, also be liable to pay a penalty equal to the duty or interest so determined: Provided that where the duty or interest determined to be payable is reduced or increased by the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the court, then, for the purposes of this section, the duty or interest as reduced or increased, as the case may be, shall be taken into account: Provided further that where any penalty has been levied under this section, no penalty shall be levied under section 112 or section 114. .